Hello there from HOUSE ABUKOFF Features Division. We would like to announce a new column that will take off next weekend (June 20). It is called GOD-ly Talk. It will have religion as its base and will take an open and unbiased look at all aspects of religion. For example, history, quotes, pictures, current trends. The column’s lead writer is Kate and other writers will also be contributing to the column. We welcome suggestions and ask that language and messages are civil. The column will go on to our site on a Saturday evening (PDT) (Pacific Daylight Time) as we are based in western USA. For your information, we will be setting up a special Twitter for this particular column, in the next few days and will let you know the name et al, when it is done.
Here is a beautiful example of a stained glass picture we thought you might be interested in. It comes from a company in the United States called Architectural Stained Glass. They clearly do some wonderful work. We leave you with this thought ‘if you do your best, whatever happens will be for the best’.
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Tuesday, June 8, 2010
Saturday, June 5, 2010
Fantasy Trek Summary of Events Stardate 0610.05
Quick Start Play:
If you'd like to be able to jump right in to see if you like this game, you might want to try a few rounds of Simple Combat. The Simple Combat Game is a way for you to quickly resolve combat between vessels, or fleets of vessels. This is useful if you are playing a scenario or campaign that involves more than a few ships. Otherwise a simple scenario could take weeks to play through.
It is useful to keep a copy of the Simple Combat Template. This makes it possible to copy and paste the basics of your bit of 'paperwork', add however many ships you may need to, and change or insert ship names. Here is a very basic template (there are more in the files):
IKS rolls: o/d
USS rolls: o/d
Result:
IKS damage /15
USS damage /15
The first section is for points rolled (1d6 result times the appropriate multiplier), and how the points are allocated (offense/defense). The second "Result" section shows the calculated damage. In the case of basic AI ships, the damage potential is 15.. so you would indicate 5 points damage with 5/15. Pretty simple.
If you are playing a single player game, roll a 1d6 to see who 'wins the toss'. If you roll a 1-3, you do. Then you roll the 1d6 for your opponent first. Allocate available points according to this multiplier chart:
2 (DS) Defense Sat/(FR)Freighter X1
3 (FF) Frigate X4
4 (DD) DestroyerX6
5 (CL) Light Cruiser X8
6 (CA) Heavy Cruiser X10
7 (CC) Command Cruiser X12
8 (BCH) Heavy Battlecruiser X15
9 (DN) Dreadnought X20
10 (BB) Battleship X22
11 (CV)Carrier X25
12 (STB ) Starbase/ (BS)Base Station X50/75 (reroll, 50/50)
Here is an example of simple combat between the Klingon heavy cruiser Perseus and the Sha'kurian heavy cruiser Count: In this case, I won the toss, playing as the Perseus. That meant that I had to roll and allocate for the Sha'kurian first. (The point of all this 'coin tossing' is to add randomness to the gameplay in the single player game. It puts the luxury of being able to react to your opponent's first move on a totally random footing. And of course, whoever rolled second first time rolls first the next. Compare it to the coin toss to determine who receives the kickoff in a football game ) That first roll was a 6 (on a 1d6), for 60 points. Acting for the Shakurian, I decided to play it safe, putting it all on defense. As it turned out, the caution was unnecesary. The Klingon only rolled a 1.
IKS Perseus rolls:10 0o/10d
SRS Count rolls:60 0o/60d
Result:
IKS Perseus damage 0/25
SRS Count damage 0/15
For the next volley, the Klingon ship took its turn rolling first. It rolled a "3", for 30 points, and put them all on defense. It didn't save him because the Count rolled a 6.
IKS Perseus rolls:30 0o/30d
SRS Count rolls:60 60o/d
Result:
IKS Perseus destroyed
SRS Count damage 0/15
You'll note that the Perseus is able to take 25 points of damage. That is
because all of my play has given me a "Elite" rating. The increased available points is one of the benefits of that. For details, see "Experience Points: How to Get Them and What They Get You". If you want to take it a step further, you can capture ships using Simple Combat. You have to cause 10 points of damage to lower the enemy shields, then transport over. Ah, but to so that you have to lower your own shields. Do that by giving yourself (just for the 'transport' volley) 10 points damage. A bit tricky, with careful timing involved, but a great tactic. And of course, as new races are added to Fantasy Trek, there will be a few
necessary variations to these rules (i.e. Tholian Webs).
So what to do with all of this? As I said, the Simple Combat Game is ideal for extended scenarios involving many ships in combat. The latest is "Fifty Points" (details below)
Games in Play:
"DusaQ VeS"
Remember DusaQ VeS? I'm back on it. Chapter 8 is mapped out. I'm thinking about actually mapping the whole thing out before playing it through
"Fifty Points"
Fifty Points is on its way back. I'm getting ideas to spice things up, including a threat system to challenge all three parties and force them to work together on certain occasions.
"Head to Head Sector Assault"
Here are the updated rules (including space terrain rules):
The goal is to conquer and hold all 5 systems.
In order to do this, you must conquer, then sufficiently defend the systems while denying your enemy access to those same systems. Reduce the enemy fleet sufficiently to prevent them from building a shipyard, and stop/destroy enough enemy convoys to deny random reinforcements sufficient to threaten your shipyards. You must also attain a minimum of 13 points (see 'Victory Conditions' below)
System Conquest:
Regardless of whether a system has been taken by enemy forces, you will face a random-sized enemy fleet upon first arrival in a new system. Roll 1d6 to see what kind of space terrain will be in the system. 1,2= Asteroid field (within that, 1,2=light field 3,4=medium field 5,6=heavy field) 3,4=nebula 5,6=black hole accretion disc (note: obviously, shipyards cannot be built in a system with a black hole accretion disc. They can only be controlled by Line Of Sight rules). Roll 1d6 for size of enemy fleet, then subtract any applicable random fleet disadvantage (see below). Then use appropriate simple combat template. All surviving ships retain damage but can move and fight until destroyed. They can only be repaired by remaining in place for two turns (subject to random enemy attack each turn: (1d6: 4-6)) or by docking at shipyard for one turn. The system remains yours once you've defeated the initial fleet, but if left undefended, any attempt to conquer it will only be countered by a randomly generated fleet. You can (and should) choose to leave any combination of ships and/or a shipyard to defend it (except for systems with black hole accretion discs).
Open Space:
Enemy convoys will only be encountered in open spaces. Roll for encounter (3/6 chance). Then roll 1d6 for enemy escorts. 1-3= 1 CA escort. 4-6= 2 CA escorts. The random fleet disadvantage does not affect this. Random enemy convoy(s) must be stopped=at least 3/5 freighters destroyed or captured (5/15 damage and successful boarding party action), escorts destroyed or disabled (10/15 damage) in 5 volleys or less. Every convoy that is stopped decreases random enemy fleet size by one. This is the random fleet disadvantage. For every three freighters captured, your random fleet disadvantage is reduced by one. You will not encounter convoys in open spaces when you have conquered both adjacent systems
Enemy forces may be encountered in all open spaces (even between two conquered and held systems). Roll for encounter (2/6 chance), Roll for size of enemy fleet (use same method as in-system combat).
Shipyard:
Shipyards are recommended. They can only be built in systems that you hold (by destroying an initial assault fleet). Three starships must remain in system or open space area for three turns to build shipyard. During each turn 50% chance of random attack. (1d6: 4-6) LOS (line of sight) must be maintained to use or attack shipyard (by friendly forces or attacking fleets). Shipyard has X75 multiplier. Shipyard can construct replacement ships in 3 turns. There is no maximum fleet size. Since you must have a minimum of three ships to build a shipyard, it is recommended that you build at least one shipyard and at least two reserve ships just in case of unforeseen losses. A fleet reduced to two ships and no shipyard to fall back would have little chance of victory.
If you want to register as a player, notify me through the Yahoo Group or a comment on the blogsite. I recommend keeping a record of your games played, as they add up to experience points that enrich your gaming experience.
Victory Conditions/Points-
Shipyards 5 (max)
Fleet size 6 (max)
Reinforcement capacity 6 (max)
You must conquer 5 systems and attain 13+ VC points
Turns 1 through 6
This is definitely a different Head to Head Sector Assault. I've removed the fleet size restrictions (for taking on hard targets). Both sides have the 'Legendary' Simple Combat advantage, to actually make it head to head. But the real kicker is the inclusion of terrain rules. This is detailed in the rules, but suffice to say the Klingons took the first serious terrain-related hit. Four KCA's entered a heavy asteroid field to take on three damaged Federation cruisers building a shipyard. By the time they'd made it through three had been destroyed and the fourth one heavily damaged. Before the Klingons can win that game, they'll need to crack that nut. And for that, they'll need more than six ships. Here are the turn logs:
Turn 1)
(0510.23)
System 1 (nebula): FCA USS Discovery FCA USS Atlantis FCA USS Mercury FCA USS Thermopylae FCA USS Invictus FCA USS Iwo Jima form Fed 1st Fleet (FF1. Contact: 5 KCA's *won toss. (0510.23) FCA USS Discovery FCA USS Atlantis FCA USS Mercury FCA USS Thermopylae FCA USS Invictus FCA USS Iwo Jima vs KCA IKS LoS KCA IKS TanQut KCA IKS Chorgh KCA IKS TlhuHu KCA IKS QaHom FCA USS Discovery FCA USS Atlantis FCA USS Mercury FCA USS Thermopylae FCA USS Invictus FCA USS Iwo Jima destroyed. KCA IKS Chorg destroyed. All other Klingons undamaged.
System 5 (asteroid field/heavy): KCA IKS K'task KCA IKS Haboryan KCA IKS DuranQo KCA IKS BetleH KCA IKS Kur'ya KCA IKS NoQ'chu form Klingon 1st Fleet (KF1). Contact: 6 FCA's *lost toss. (0510.23) KCA IKS K'task KCA IKS Haboryan KCA IKS DuranQo KCA IKS BetleH KCA IKS Kur'ya KCA IKS NoQ'chu vs FCA USS Washington FCA USS Adams FCA USS Jefferson FCA USS Hamilton FCA USS Lincoln FCA USS Independence. KCA IKS K'task KCA IKS Haboryan KCA IKS DuranQo KCA IKS BetleH KCA IKS Kur'ya KCA IKS NoQ'chu destroyed. USS Adams FCA USS Hamilton FCA USS Lincoln destroyed. FCA USS Washington damage: 12/35 FCA USS Jefferson damage: 6/35 FCA USS Independence damage: 5/35
Turn 2)
(0510.29)
System 1 (nebula): KCA IKS LoS KCA IKS TanQut KCA IKS TlhuHu KCA IKS QaHom form KF2 begin construct KSY1 turn 1/3: contact? contact: 3 FCA's *won toss KCA IKS LoS KCA IKS TanQut KCA IKS TlhuHu KCA IKS QaHom vs FCA USS Ghandi FCA USS Dunkirk FCA USS D'Este. FCA USS Ghandi FCA USS Dunkirk FCA USS D'Este destroyed. Klingons undamaged.
System 5 (asteroid field/heavy): FCA USS Washington damage: 12/35 FCA USS Jefferson damage: 6/35 FCA USS Independence damage: 5/35 form FF2 begin construct FSY1 turn 1/3 contact? Contact: 4 KCA's *won toss FCA USS Washington damage: 12/35 FCA USS Jefferson damage: 6/35 FCA USS Independence damage: 5/35 vs KCA IKS Tol'Qut KCA IKS Wa'maH KCA IKS TuQ KCA IKS LoQ. KCA IKS Tol'Qut KCA IKS Wa'maH KCA IKS TuQ KCA IKS LoQ destroyed Washington damage: 17/35 FCA USS Jefferson damage: 6/35 FCA USS Independence damage: 5/35
Turn 3)
(0510.29)
System 1 (nebula): KCA IKS LoS KCA IKS TanQut KCA IKS TlhuHu KCA IKS QaHom form KF2 construct KSY1 turn 2/3: contact? contact: 4 FCA's *won toss KCA IKS LoS KCA IKS TanQut KCA IKS TlhuHu KCA IKS QaHom vs FCA USS Arizona FCA USS Montezuma FCA USS Kukulkan FCA USS Darwin. FCA USS Arizona FCA USS Montezuma FCA USS Kukulkan FCA USS Darwin destroyed. KCA IKS TanQut destroyed. Other Klingons undamaged.
System 5 (asteroid field/heavy): FCA USS Washington damage: 12/35 FCA USS Jefferson damage: 6/35 FCA USS Independence damage: 5/35 form FF2 construct FSY1 turn 2/3 contact? No contact.
Turn 4)
(0510.29)
System 1 (nebula): KCA IKS LoS KCA IKS TlhuHu KCA IKS QaHom form KF2 construct KSY1 turn 3/3: contact? no contact
System 5 (asteroid field/heavy): FCA USS Washington damage: 12/35 FCA USS Jefferson damage: 6/35 FCA USS Independence damage: 5/35 form FF2 construct FSY1 turn 3/3 contact? No contact.
Turn 4)
(0510.30)
System 1 (nebula):KF2 (KCA IKS LoS KCA IKS TlhuHu KCA IKS QaHom) on station KSY1 construct KCA IKS QultuH turn 1/3: contact? No contact
System 5 (asteroid field/heavy): FF2 (FCA USS Washington damage: 12/35 FCA USS Jefferson damage: 6/35 FCA USS Independence damage: 5/35) on station. Repair stage 1/2. FSY1 construct FCA USS Montgomery turn 1/3 contact? No contact.
Turn 5)
(0610.01)
System 1 (nebula):KF2 (KCA IKS LoS KCA IKS TlhuHu KCA IKS QaHom) on station KSY1 construct KCA IKS QultuH turn 2/3: contact? No contact
System 5 (asteroid field/heavy): FF2 (FCA USS Washington damage: 12/35 FCA USS Jefferson damage: 6/35 FCA USS Independence damage: 5/35) on station. Repair stage 2/2. FSY1 construct FCA USS Montgomery turn 2/3 contact? No contact.
Turn 6)
(0610.01)
System 1 (nebula):KF2 (KCA IKS LoS KCA IKS TlhuHu KCA IKS QaHom) on station KSY1 construct KCA IKS QultuH turn 3/3: contact? Contact 4 FCA's *won toss. KCA IKS LoS KCA IKS TlhuHu KCA IKS QaHom KSY1 vs FCA USS Charleston FCA USS Jerusalem FCA USS Cairo FCA USS Newport. FCA USS Charleston FCA USS Jerusalem FCA USS Cairo FCA USS Newport destroyed. No damage to Klingons
System 5 (asteroid field/heavy): FF2 (FCA USS Washington FCA USS Jefferson FCA USS Independence) on station. FSY1 construct FCA USS Montgomery turn 3/3 contact? No contact.
Command College:
What Are Your Orders, Captain?
"Drift" (ENT Era)
Responding to a distress signal, Captain Erika Hernandez of the Columbia NX-02 discovers a planet near the edge of known Romulan space that presents a unique dilemma. The planet, designated Alpha Galorus IV, is part of a region of space that drifts into Romulan territory due to the unique nature of galactic drift in the sector and the imprecise mapping of the just-settled treaty boundary. Based on projections, the planet (which is home to a vital sensor outpost staffed by more than a hundred scientists) will begin its journey through the neutral zone in less than a day. At that point, there will be no way to retrieve the scientists or the vital sensor data without violating the hard-fought treaty. While it is a simple matter to upload the sensor data, it is doubtful that the limited transport facilities of Columbia could bring up all of the scientists in the short time remaining.
What Are Your Orders, Captain?
Post your solution in the YahooGroup or through the blogsite's 'comment' feature.
"Captain's Log"
"... no matter what it costs..."
(Post-TNG Era)
Captain William T Riker
USS Titan
Galorndan Core has been a source of trouble between the Federation and the Romulan Empire since the very birth of the Federation. When the Romulan peace treaty was established, there were a few systems along the edge of the nuetral zone that actually drifted across the treaty boundary due to the effect of galactic drift in the area, as well as the imprecise mapping of the time. Many of those systems contained colonies that were civilian in nature and actually capable of evacuating themselves. Galorndan Core, known as Galorus IV at the time, was a different matter. It was a surveillance outpost, put there specifically to watch for any Romulans coming back to settle the score.
The actions taken by Captain Erika Hernandez of the NX Class Columbia at the time, while safeguarding the assets on the planet without provoking a resumption of warfare, inadvertantly ensured that Earth and the Romulans would be at odds over Galorndan Core for the next two hundred years. Now, as political upheaval in the Empire has presented us with the possibilty of either lasting peace or another war, Galorndan Core again finds itself at the flashpoint. As the planet begins to drift across the same poorly drawn political line from two centuries ago, the diplomatic team on the Titan will find itself joining forces with a Romulan diplomatic team to forge another treaty, this time based on more than the desperation of mutually assured destruction. As Ambassador Spock has said, we have more than fear and mistrust in common. And just as Captain Hernandez did what she did because there was no alternative, we also have no alternative. We will find a lasting solution, no matter what it costs.
For next week. write a 100+ word log entry including the phrase "... the benefit of hindsight...". Post it in the yahoo group or on the blogsite's "comment" feature for a Command College Point.
Dev Notes:
You wouldn't know it to watch the site, but it's actually been a reasonably productive week... or two. June's calender image is done, though I have yet to scan it. An exhausting couple of weeks at work, as well as a blow-dryer blowing through the desert southwest has sucked much of the motivation out of me, including the little necessary to connect the scanner to the computer. Long story, don't ask. I did snap a picture of it with my smart little Palm Treo 650, and I might just upload that. Pathetic is better than nothing at all. Space Terrain rules now apply to Head to Head Sector Assault, which is making things extremely dicey for the Klingon fleet. And that, among other things, may breath life back into Fifty Points. Here are those space terrain rules so far. just in case you're curious and forgot from last time.
The rules are for asteroid fields, nebula, black hole accretion disc. I only have rules for heavy cruisers now, but that'll change. Here are the rules so far:
Asteroid field
-heavy
--to hit: roll 6
--accident rate
volley 1 roll of 6 roll for damage
volley 2 roll of 5-6 roll for damage
volley 3 roll of 4-6 roll for damage
volley 4 roll of 3-6 roll for damage
volley 5 roll of 2-6 roll for damage
volley 6 roll for damage
-medium
--to hit: roll 5-6
--accident rate
volley 4 roll of 6 roll for damage
volley 5 roll of 5-6 roll for damage
volley 6 roll of 4-6 roll for damage
volley 7 roll of 3-6 roll for damage
volley 8 roll of 2-6 roll for damage
volley 9 roll for damage
-light
--to hit: roll 2-6
--accident rate
volley 6 roll of 6 roll for damage
volley 7 roll of 5-6 roll for damage
volley 8 roll of 4-6 roll for damage
volley 9 roll of 3-6 roll for damage
volley 10 roll of 2-6 roll for damage
volley 11 roll for damage
Nebula
temp 20% damage to simulate loss of shields
need 3-6 to hit
Black Hole Accretion Disc
need 3-6 to hit
--accident rate
volley 4 roll of 6 roll for damage
volley 5 roll of 5-6 roll for damage
volley 6 roll of 4-6 roll for damage
volley 7 roll of 3-6 roll for damage
volley 8 roll of 2-6 roll for damage
volley 9 roll for damage
volley 10 roll 1-3 to escape black hole.
These blog entries are now going to be automatically updated to Twitter.
Thursday, June 3, 2010
Kate’s Cooking: Summer Cooking - Tuna and Chorizo
Greetings folks. Well here comes the very hot weather in the desert south west and here comes the season of what I like to call ‘fast cooking’. Fun salads, filling for tacos and hot meals that are easy are some examples. It is a good idea to cook at night, a little ahead if you can. This cuts down on the heat in the kitchen. Ingredients today are varied and the dishes revolve around tuna and chorizo sausage. I so like working with both of these. You can buy tuna fairly cheaply in supermarkets and chorizo also but if you are near a super Mercado or a Mexican supermarket then I would recommend that you buy your chorizo there. The first recipe is a family favorite again. It is a tuna shepherd’s pie. The second recipe is simple tacos based on chorizo as a change from ground beef and taco seasonings.
TUNA SHEPHERD’S PIE
Firstly, let me say that I generally cook this in the microwave but there is no reason that it can be put together on the stove top.
1 can tuna (small is fine)
Mashed potatoes (flaked – a 6 serving measure or 3 large potatoes – cooked and mashed)
1 large onion – chopped medium
1 fresh corn cob - stripped
Flour, milk and margarine
Fajita seasoning
3 pieces of bread – fresh crumbled
2 to 3 tablespoons cheese (optional) Side Dressing: ketchup, mayonnaise & finely sliced tops green onions or chives
Put onion in a microwave bowl along with 3 tablespoons margarine and cook for about 4 minutes. Add 2 teaspoons fajita seasoning and stir. Add 3 tablespoons flour and stir until mixed and add approx. 2 cups milk and cook until thick. You need a thick sauce base. Add tuna that has been drained. Place the mix in a microwave casserole. Cover with the mashed potatoes then the breadcrumbs and dot with pieces of the cheese (if used). Reheat until the center is hot and serve with the side dressing. You don’t, of course, have to use the dressing – it is one of our family’s weird tastes! This recipe is nice all mixed up together in a giant mush and used on sandwiches and in tacos or tortillas.
CHORIZO filling for tacos or tortillas.
This is as simple as you can get. Take your chorizo sausage and split the skin and squeeze it out into a smaller frypan (skillet). It is not necessary to add any oil. Just don’t have the pan on a high heat. Add 1 x red onion that has been chopped. As an alternative to using sliced lettuce in the tortilla or taco, try using spinach with a little vinegar (of choice) sprinkled on it. Use your own choice of shredded cheese, dressing (chipotle is great) and chopped tomatoes as fillers. These are so delicious, take next to no time to make and you don’t end up with a hot kitchen.
SOMETHING TO NOTE:
TUNA SHEPHERD’S PIE
Firstly, let me say that I generally cook this in the microwave but there is no reason that it can be put together on the stove top.
1 can tuna (small is fine)
Mashed potatoes (flaked – a 6 serving measure or 3 large potatoes – cooked and mashed)
1 large onion – chopped medium
1 fresh corn cob - stripped
Flour, milk and margarine
Fajita seasoning
3 pieces of bread – fresh crumbled
2 to 3 tablespoons cheese (optional) Side Dressing: ketchup, mayonnaise & finely sliced tops green onions or chives
Put onion in a microwave bowl along with 3 tablespoons margarine and cook for about 4 minutes. Add 2 teaspoons fajita seasoning and stir. Add 3 tablespoons flour and stir until mixed and add approx. 2 cups milk and cook until thick. You need a thick sauce base. Add tuna that has been drained. Place the mix in a microwave casserole. Cover with the mashed potatoes then the breadcrumbs and dot with pieces of the cheese (if used). Reheat until the center is hot and serve with the side dressing. You don’t, of course, have to use the dressing – it is one of our family’s weird tastes! This recipe is nice all mixed up together in a giant mush and used on sandwiches and in tacos or tortillas.
CHORIZO filling for tacos or tortillas.
This is as simple as you can get. Take your chorizo sausage and split the skin and squeeze it out into a smaller frypan (skillet). It is not necessary to add any oil. Just don’t have the pan on a high heat. Add 1 x red onion that has been chopped. As an alternative to using sliced lettuce in the tortilla or taco, try using spinach with a little vinegar (of choice) sprinkled on it. Use your own choice of shredded cheese, dressing (chipotle is great) and chopped tomatoes as fillers. These are so delicious, take next to no time to make and you don’t end up with a hot kitchen.
SOMETHING TO NOTE:
If you live in a very hot climate (as is our summer here) then don’t forget to drink tea. Iced tea is a wonderful pleasure to imbibe in the hot weather. In the middle east they drink a lot of mint tea and this is great. Mint is easy to grow – use a large margarine pot for the base with a few stones in the bottom and some good potting mix. Keep it moist but not overly so and there is your ‘tea’ leaves. Rosemary tea is also very nice and good for your stomach. This herb can be grown in a pot to and outside as a tree. It is a wonderful herb to use with meat dishes. We drink a lot of green tea. I make it in a juice bottle (plastic) and use 4 tea bags to the 64oz. size and I put it in the window sill and it takes no time at all to mix. We like to mix our green tea with a little orange juice when we have it. It is so important in the summer time to keep hydrated and when my husband has finished using his soda bottles I clean them and fill them with water and put them in the fridge. He doesn’t drink a lot of soda just occasionally. Soda may taste nice but it is really not good for you in bulk.
Well that’s it for this week. Take care out there wherever you are and if you have any ethnic recipes you might like to send me, I would be so very happy to receive them.
Wednesday, June 2, 2010
ANIMAL PIC OF THE WEEK June 2nd 2010
Hello there from House Abukoff. We have a new feature to tell you about. Every Wednesday, we will put out a pic for you entitled ANIMAL PIC OF THE WEEK. As we go about our internet forays we come across some truly fascinating animal pictures from a variety of sources. We greatly admire the photographers who are in the right place at the right time and get these wonderful pictures. Enjoy!
We thought this pic was wonderful. It reminded us of moments in our own home over the many years we have had cats as members of our family. Congratulations to the photographer who was able to catch this truly charming moment.
Editorial Desk, House Abukoff
Friday, May 28, 2010
Star Trek Enterprise Retro-Spective "Unexpected"
As always seems to be the case, I enjoyed "Unexpected" more this time around. After a few amusing malfunctions, a 'stealth' ship is detected riding in Enterprise's wake, siphoning plasma exhaust to replenish their teraphasic coils. That is causing the warp bubble to brush against the port nacelle and create the malfunctions. (okay...). So Trip agrees to go over and help them out. After 3 hours in the Xyrillians' decompression chamber, Trip is weirding out, but refuses to rest up before getting to work. He starts to freak out to the alien lights and sounds, as is finally ordered by Archer to take a nap. After a nap, he's okay. The woman engineer wakes him up, snacks on grass growing on the walls. feeds him their version of water (like ice cubes) by putting them in his mouth. Little sparks go off when they touch. He flirts, she flirts, then they get back to work.
Soon they get to the point where they have to wait. To pass the time, she shows him what is essentially a TNG era holodeck. In there, they see her homeworld, and ride in a row boat. While in there, they play a game, involving putting their hands in clear beads, reading each other's thoughts, and flirting some more. Then all seems good. They warp away, happily ever after. A short time later, Trip grows a nipple on his wrist. Yep, he's pregnant. After many gags (most of them not entirely unfunny), they figure out that it was the game with the beads. They find the Xyrillians again... Hiding in the wake of a Klingon battlecruiser. (comments below) Archer and T'Pol talk the Klingons into not destroying the Xyrillians, and convince them to bring Trip onto the Xyrillian ship (at the cost of Trip's dignity). They board the Xyrillian ship, the woman takesTrip's problem off him, the Klingons get holo-technology. Archer tries to talk nice to the Klingons, who thank him by threatening him. And everyone pretty much lives happily ever after.
Okay...
Next Up: "Terra Nova"
Soon they get to the point where they have to wait. To pass the time, she shows him what is essentially a TNG era holodeck. In there, they see her homeworld, and ride in a row boat. While in there, they play a game, involving putting their hands in clear beads, reading each other's thoughts, and flirting some more. Then all seems good. They warp away, happily ever after. A short time later, Trip grows a nipple on his wrist. Yep, he's pregnant. After many gags (most of them not entirely unfunny), they figure out that it was the game with the beads. They find the Xyrillians again... Hiding in the wake of a Klingon battlecruiser. (comments below) Archer and T'Pol talk the Klingons into not destroying the Xyrillians, and convince them to bring Trip onto the Xyrillian ship (at the cost of Trip's dignity). They board the Xyrillian ship, the woman takesTrip's problem off him, the Klingons get holo-technology. Archer tries to talk nice to the Klingons, who thank him by threatening him. And everyone pretty much lives happily ever after.
Okay...
My first impression of this was not good. I mean, four episodes in, and we're resorting to 'guy gets pregnant' gags. I still have to say I'm not thrilled with that. But there you go. The TNG hologram is good (although I think it's odd that they need Trip to help them fix their advanced warp drive). Trip is funny. Phlox is funny. Archer is obviously enjoying himself. T'Pol has a great time giving Trip a bad time. The pregnant jokes are old, but not overdone. Overall, I'd say they pulled it off. But the Klingon ship. Oh, the Klingon ship. That was an early opportunity for the producers to score points with fans, and an early missed opportunity. They reused the K'Tinga model instead of John Eave's beautiful D-4 battlecruiser.
Really disappointing. So disappointing.
Aside from that, the episode was cute, funny, not boring and not stupid. Not really memorable, but worth the time spent watching it. Not the most ringing endorsement, but it was okay. Worth a thumbs up.
Next Up: "Terra Nova"
Miss Ginny's Diary May 28th 2010
Meow to you from me, Miss Ginny. Well it has been a quiet time lately. I have been spending most of my time following HM around and she and I have long talks. I can’t speak English of course and she can’t speak in meow! However we understand each other. HM says that too many people in this world don’t have enough understanding of other folk and their culture. I just meow back and she says okay! She (HM) changed our tiny kitchen around and now I have more room on the small bench. She says I shouldn’t be up there but I don’t always take notice. HM and particularly HD say I am spoilt. My sister ShooShoo and I are still having problems. She has gone to play with GAD these days. They roll and fight and don’t let me join in, so that is why I follow HM about. HM says we are all here as a family and no one is allowed to be nasty with each other. Grandma Carrie and I get along though GC sleeps most of the day and gets up to eat and goes back to bed. HM is a fairly quiet person and so apart from any outside noise and the sound of the television, it is quiet in our home. I like to play in cardboard cartons and HD often brings them home from his day work and that is fun – GAD gets inside the bigger ones and chases her tail like crazy. She is a really big cat and often goes so fast that the carton falls over. My sister got some dust up her nose this morning and she got lots of sneezes. HM got her a drink and gave her face a wash. She didn’t like that. She meowed at HM and HM said that she had to put up with the wash for just a few seconds. HD brought us home some nice grass to eat. This is special cat grass that comes in a special packet and you grow it at home and in about a week or so it sprouts up from the seeds and it is great. He spoils us as he is always bringing home treats. HM is talking to ShooShoo who has just woken up and is yawning and looking around the room for mischief to get into. HM picked us both up together and gave us a long talking to about being nice. I wriggled away and my sister did to. HM said that she has given up for the day trying to make us be civilized. I like to play with HM’s balls of wool and she gives chase when I run away with them. The wool is nice and soft moves easy and she said that she would make me some special balls of wool of my own if I would just leave hers alone. So this is a good deal don’t you think? Some little birds (sparrows) landed outside our windows on the railing and I talked and talked to them and I think they just laughed at me but GAD came to the window and nattered at them and they flew away. GAD must look huge to them and they got a little scared. I am a small cat and will never be big. The sparrows wait for HM to give them a few breadcrumbs. We don’t get many birds where we are and HM misses her old home where we had lots of birds. When we finally move away from where we are I am sure that HM will find a place where there are more birds. She used to have an aviary (a big bird house) with her mom at another home and it had lots of birds in it. Well there is not much going on here and so I will say meow to you all until the next time. Be good and be happy.
Tuesday, May 25, 2010
Fantasy Trek Summary of Events Stardate 0510.25
Quick Start Play:
If you'd like to be able to jump right in to see if you like this game, you might want to try a few rounds of Simple Combat. The Simple Combat Game is a way for you to quickly resolve combat between vessels, or fleets of vessels. This is useful if you are playing a scenario or campaign that involves more than a few ships. Otherwise a simple scenario could take weeks to play through.
It is useful to keep a copy of the Simple Combat Template. This makes it possible to copy and paste the basics of your bit of 'paperwork', add however many ships you may need to, and change or insert ship names. Here is a very basic template (there are more in the files):
IKS rolls: o/d
USS rolls: o/d
Result:
IKS damage /15
USS damage /15
The first section is for points rolled (1d6 result times the appropriate multiplier), and how the points are allocated (offense/defense). The second "Result" section shows the calculated damage. In the case of basic AI ships, the damage potential is 15.. so you would indicate 5 points damage with 5/15. Pretty simple.
If you are playing a single player game, roll a 1d6 to see who 'wins the toss'. If you roll a 1-3, you do. Then you roll the 1d6 for your opponent first. Allocate available points according to this multiplier chart:
2 (DS) Defense Sat/(FR)Freighter X1
3 (FF) Frigate X4
4 (DD) DestroyerX6
5 (CL) Light Cruiser X8
6 (CA) Heavy Cruiser X10
7 (CC) Command Cruiser X12
8 (BCH) Heavy Battlecruiser X15
9 (DN) Dreadnought X20
10 (BB) Battleship X22
11 (CV)Carrier X25
12 (STB ) Starbase/ (BS)Base Station X50/75 (reroll, 50/50)
Here is an example of simple combat between the Klingon heavy cruiser Perseus and the Sha'kurian heavy cruiser Count: In this case, I won the toss, playing as the Perseus. That meant that I had to roll and allocate for the Sha'kurian first. (The point of all this 'coin tossing' is to add randomness to the gameplay in the single player game. It puts the luxury of being able to react to your opponent's first move on a totally random footing. And of course, whoever rolled second first time rolls first the next. Compare it to the coin toss to determine who receives the kickoff in a football game ) That first roll was a 6 (on a 1d6), for 60 points. Acting for the Shakurian, I decided to play it safe, putting it all on defense. As it turned out, the caution was unnecesary. The Klingon only rolled a 1.
IKS Perseus rolls:10 0o/10d
SRS Count rolls:60 0o/60d
Result:
IKS Perseus damage 0/25
SRS Count damage 0/15
For the next volley, the Klingon ship took its turn rolling first. It rolled a "3", for 30 points, and put them all on defense. It didn't save him because the Count rolled a 6.
IKS Perseus rolls:30 0o/30d
SRS Count rolls:60 60o/d
Result:
IKS Perseus destroyed
SRS Count damage 0/15
You'll note that the Perseus is able to take 25 points of damage. That is
because all of my play has given me a "Elite" rating. The increased available points is one of the benefits of that. For details, see "Experience Points: How to Get Them and What They Get You". If you want to take it a step further, you can capture ships using Simple Combat. You have to cause 10 points of damage to lower the enemy shields, then transport over. Ah, but to so that you have to lower your own shields. Do that by giving yourself (just for the 'transport' volley) 10 points damage. A bit tricky, with careful timing involved, but a great tactic. And of course, as new races are added to Fantasy Trek, there will be a few
necessary variations to these rules (i.e. Tholian Webs).
So what to do with all of this? As I said, the Simple Combat Game is ideal for extended scenarios involving many ships in combat. The latest is "Fifty Points" (details below)
Games in Play:
"Fifty Points"
Fifty Points remains on hiatus. I'm considering a few different things, including introducing random civilian ships, like the USS Gallipoli had to deal with. That would land each side with rescue operations to deal with, and possibly the civilian ships could be called upon to act as freighters. There is also the idea of possible rewards for making progress before other teams. I'm not going to start it back up just for the sake of starting it up.
"Head to Head Sector Assault"
Here are the rules for anyone who doesn't remember:
The goal is to conquer and hold all 5 systems.
In order to do this, you must conquer, then sufficiently defend the systems while denying your enemy access to those same systems. Reduce the enemy fleet sufficiently to prevent them from building a shipyard, and stop/destroy enough enemy convoys to deny random reinforcements sufficient to threaten your shipyards. You must also attain a minimum of 13 points (see 'Victory Conditions' below)
System Conquest:
Regardless of whether a system has been taken by enemy forces, you will face a random-sized enemy fleet upon first arrival in a new system. Roll 1d6 for size of enemy fleet, then subtract any applicable random fleet disadvantage (see below). Then use appropriate simple combat template. All surviving ships retain damage but can move and fight until destroyed. They can only be repaired by remaining in place for two turns (subject to random enemy attack each turn: (1d6: 4-6)) or by docking at shipyard for one turn. The system remains yours once you've defeated the initial fleet, but if left undefended, any attempt to conquer it will only be countered by a randomly generated fleet. You can (and should) choose to leave any combination of ships and/or a shipyard to defend it.
Open Space:
Enemy convoys will only be encountered in open spaces. Roll for encounter (3/6 chance). Then roll 1d6 for enemy escorts. 1-3= 1 CA escort. 4-6= 2 CA escorts. The random fleet disadvantage does not affect this. Random enemy convoy(s) must be stopped=at least 3/5 freighters destroyed or captured (5/15 damage and successful boarding party action), escorts destroyed or disabled (10/15 damage) in 5 volleys or less. Every convoy that is stopped decreases random enemy fleet size by one. This is the random fleet disadvantage. For every three freighters captured, your random fleet disadvantage is reduced by one. You will not encounter convoys in open spaces when you have conquered both adjacent systems
Enemy forces may be encountered in all open spaces (even between two conquered and held systems). Roll for encounter (2/6 chance), Roll for size of enemy fleet (use same method as in-system combat).
Shipyard:
Shipyards are recommended. They can only be built in systems that you hold (by destroying an initial assault fleet). Three starships must remain in system or open space area for three turns to build shipyard. During each turn 50% chance of random attack. (1d6: 4-6) LOS (line of sight) must be maintained to use or attack shipyard. Shipyard has X75 multiplier. Shipyard can construct replacement ships in 3 turns. While your fleet can not exceed 6 ships, additional ships built at shipyards do not count against this total. They cannot fight with full-sized fleets, but can supplement diminished fleets. The same rule applies to surviving random reinforcements. Since you must have a minimum of three ships to build a shipyard, it is recommended that you build at least one shipyard and at least two reserve ships just in case of unforseen losses. A fleet reduced to two ships and no shipyard to fall back would have little chance of victory.
If you want to register as a player, notify me through the Yahoo Group or a comment on the blogsite. I recommend keeping a record of your games played, as they add up to experience points that enrich your gaming experience.
Victory Conditions/Points-
Shipyards 5 (max)
Fleet size 6 (max)
Reinforcement capacity 6 (max)
You must conquer 5 systems and attain 13+ VC points
Turns 17 through 22
As predicted, things fell apart pretty quickly for the Feds, as we knew they would. Klingons had them from both directions, and the Feds simply had no way to come back. The only advantage that the Klingons had is my playing from the Klingon POV. which means that they had 35 damage potential as opposed to 15 for the Feds. So we'll run through it again. With a twist: space terrain. See Dev notes below for details. Anyway, here is the obit for the Feds this time around:
Turn 17)
(0510.15)
System 1: KSY1 idle.
System 2: KSY3 Turn 3 complete. KF2 (KCA IKS NaQjej KCA IKS Qaw'lu KCA IKS Qui'tu KCA IKS D'kerr KCA IKS Sompek KCA IKS Kandido) depart for open space.
System 5: KSY2 begin construct KCA IKS G'ker turn 1/3 contact? No contact. KF3 (KCA IKS G'tagh KCA IKS Kolikos KCA IKS Mek'leth KCA IKS Etlh) on site.
System 4: FSY2 begin construct FCA USS Roanoake turn 1/3. Contact? No contact FF2 (FCA USS Philadelphia FCA USS Orinoko FCA USS Hyperion FCA USS Sam Houston FCA USS Clyburn) on site.
Turn 18)
(0510.17)
System 1: KSY1 idle.
System 2: KSY3 idle.
Open Space (between 2 & 3) KF2 (KCA IKS NaQjej KCA IKS Qaw'lu KCA IKS Qui'tu KCA IKS D'kerr KCA IKS Sompek KCA IKS Kandido) arrives. Search for convoy: Contact? Contact. Ffr1-5, 2 FCA's. *lost toss KCA IKS NaQjej KCA IKS Qaw'lu KCA IKS Qui'tu KCA IKS D'kerr KCA IKS Sompek KCA IKS Kandido vs Ffr1-5, FCA USS Monitor FCA USS Merrimac. Ffr1-5, FCA USS Monitor FCA USS Merrimac destroyed. No damage to Klingons. Federation random fleet disadvantage at -2.
System 5: KSY2 begin construct KCA IKS G'ker turn 2/3 contact?. Contact 4 FCA's *lost toss KF3 (KCA IKS G'tagh KCA IKS Kolikos KCA IKS Mek'leth KCA IKS Etlh) on site. KSY2 KCA IKS G'tagh KCA IKS Kolikos KCA IKS Mek'leth KCA IKS Etlh vs FCA USS New Orleans FCA USS Biloxi FCA USS Pensacola FCA USS Destiny. FCA USS New Orleans FCA USS Biloxi FCA USS Pensacola FCA USS Destiny destroyed. No damage to Klingons.
System 4: FSY2 begin construct FCA USS Roanoake turn 2/3. Contact? Contact 3 KCA's *lost toss FF2 (FCA USS Philadelphia FCA USS Orinoko FCA USS Hyperion FCA USS Sam Houston FCA USS Clyburn) on site. FSY2 FCA USS Philadelphia FCA USS Orinoko FCA USS Hyperion FCA USS Sam Houston FCA USS Clyburn vs KCA IKS K'vett KCA IKS Kuda KCA IKS Korax. KCA IKS K'vett KCA IKS Kuda KCA IKS Korax destroyed. No damage to Feds
Turn 19)
(0510.17)
System 1: KSY1 idle.
System 2: KSY3 idle. Random attack? No contact
Open Space (between 2 & 3) KF2 (KCA IKS NaQjej KCA IKS Qaw'lu KCA IKS Qui'tu KCA IKS D'kerr KCA IKS Sompek KCA IKS Kandido) depart for System 3
System 5: KSY2 begin construct KCA IKS G'ker turn 3/3 contact?. Contact 1 FCA *lost toss KF3 (KCA IKS G'tagh KCA IKS Kolikos KCA IKS Mek'leth KCA IKS Etlh) on site. KSY2 KCA IKS G'tagh KCA IKS Kolikos KCA IKS Mek'leth KCA IKS Etlh vs FCA USS Custer. FCA USS Custer destroyed. No damage to Klingons.
System 4: FSY2 begin construct FCA USS Roanoake turn 3/3. Contact? Contact 1 KCA's *lost toss FF2 (FCA USS Philadelphia FCA USS Orinoko FCA USS Hyperion FCA USS Sam Houston FCA USS Clyburn) on site. FSY2 FCA USS Philadelphia FCA USS Orinoko FCA USS Hyperion FCA USS Sam Houston FCA USS Clyburn vs KCA IKS Kargan KCA IKS Kargan destroyed. No damage to Feds
Turn 20)
(0510.17)
System 1: KSY1 idle.
System 2: KSY3 idle.
System 3: KF2 (KCA IKS NaQjej KCA IKS Qaw'lu KCA IKS Qui'tu KCA IKS D'kerr KCA IKS Sompek KCA IKS Kandido) arrives. Contact: 1 FCA. *won toss. KCA IKS NaQjej KCA IKS Qaw'lu KCA IKS Qui'tu KCA IKS D'kerr KCA IKS Sompek KCA IKS Kandido vs FCA USS Damocles. FCA USS Damocles destroyed. No damage to Klingons. KCA IKS NaQjej KCA IKS Qaw'lu KCA IKS Qui'tu KCA IKS D'kerr KCA IKS Sompek KCA IKS Kandido depart for open space.
System 5: KSY2 begin construct KCA IKS SuvwI turn 1/3 contact?. No contact. KCA IKS G'ker complete joins KF3 KF3 (KCA IKS G'tagh KCA IKS Kolikos KCA IKS Mek'leth KCA IKS Etlh) on site.
System 4: FSY2 begins construct FCA USS Perseus turn 1/3 contact? No contact. FCA USS Roanoake complete. Joins FF2 (FCA USS Philadelphia FCA USS Orinoko FCA USS Hyperion FCA USS Sam Houston FCA USS Clyburn FCA USS Roanoake) depart for open space.
Turn 21)
(0510.17)
System 1: KSY1 idle.
System 2: KSY3 idle. Random attack? No contact
Open space (Between System 3 and System 4): KF2 (KCA IKS NaQjej KCA IKS Qaw'lu KCA IKS Qui'tu KCA IKS D'kerr KCA IKS Sompek KCA IKS Kandido) vs FF2 (FCA USS Philadelphia FCA USS Orinoko FCA USS Hyperion FCA USS Sam Houston FCA USS Clyburn FCA USS Roanoake) *won toss. FCA USS Philadelphia FCA USS Orinoko FCA USS Hyperion FCA USS Sam Houston FCA USS Clyburn FCA USS Roanoake destroyed. No damage to Klingons.
System 5: KSY2 begin construct KCA IKS SuvwI turn 2/3 contact?. No contact. KF3 (KCA IKS G'tagh KCA IKS Kolikos KCA IKS Mek'leth KCA IKS Etlh KCA IKS G'ker) on site.
System 4: FSY2 begins construct FCA USS Perseus turn 2/3 contact? No contact.
Turn 22)
(0510.18)
System 1: KSY1 idle.
System 2: KSY3 idle.
Open space (Between System 3 and System 4): KF2 (KCA IKS NaQjej KCA IKS Qaw'lu KCA IKS Qui'tu KCA IKS D'kerr KCA IKS Sompek KCA IKS Kandido) departs for System 4.
System 5: KSY2 begin construct KCA IKS SuvwI turn 3/3 contact?. No contact. KF3 (KCA IKS G'tagh KCA IKS Kolikos KCA IKS Mek'leth KCA IKS Etlh KCA IKS G'ker) on site.
System 4: FSY2 begins construct FCA USS Perseus turn 3/3 contact? Contact: 3 KCA's *won toss FSY2 vs KCA IKS Vengeance KCA IKS Hegh'Bat KCA IKS Cha'dich. FSY2 destroyed. KCA IKS Vengeance 10/35 damage. Hegh'Bat KCA IKS Cha'dich undamaged.
Turn 22)
(0510.18)
System 1: KSY1 idle.
System 2: KSY3 idle.
Open space (Between System 3 and System 4): departs for System 4.
System 5: KSY2 idle KCA IKS SuvwI joins KF3 KF3 (KCA IKS G'tagh KCA IKS Kolikos KCA IKS Mek'leth KCA IKS Etlh KCA IKS G'ker KCA IKS SuvwI) on site.
System 4: KF2 (KCA IKS NaQjej KCA IKS Qaw'lu KCA IKS Qui'tu KCA IKS D'kerr KCA IKS Sompek KCA IKS Kandido) arrive. KCA IKS Vengeance (10/35 damage) KCA IKS Hegh'Bat KCA IKS Cha'dich. Contact: 1 FCA *lost toss KCA IKS Vengeance (10/35 damage) KCA IKS Hegh'Bat KCA IKS Cha'dich vs FCA USS Jamestown. FCA USS Jamestown destroyed. No damage to Klingons
Shipyards 5 (max) 2
Fleet size 6 (max) 6+6
Reinforcement capacity 6 (max) 5
Klingons win with 19 VC points
Command College:
What Are Your Orders, Captain?
"Conflict of Interests" (TNG Era) Solution:
Exploring the ruins of an unidentified civilization, you discover a strange resin-like substance coating every artifact. Analysis reveals that the substance is biomatter. It might, your science officer suggests, be cellular residue of the population. Deep scans reveal that the residue could lead to a cure for a plague wiping out all life on a protected planet that is home to nothing but rain forests and insects. You are making preparations to test the biomatter when another ship enters orbit. The crew of the ship demands that you leave, claiming that the biomatter is in fact the only remains of a long-lost colony, and any disturbance would offend their religious beliefs.
You decide that you must respect the wishes of the alien culture. You withdraw from the area, leaving the site undisturbed. Your science officer and Chief Medical Officer use the tricorder scans taken of the biomatter to start looking for clues to curing the plague.
“What Are Your Orders, Captain?” will return next week
"Captain's Log"
"... a complete turnaround..."
(AOS Era)
Personal Log
Lieutenant Commander George Kirk
It's funny how one's perception of a people... of a planet, a society, a culture can do a complete turnaround thanks to the efforts of what appeared to be a three year old...
It was one of those incidents that you could miss if you happened to be looking away, or if you were checking travel documents, or just closing your eyes to wallow in the misery of your first exposure to Vulcan heat. As I was walking through Shi'kahr's main ground travel terminal, going from one flight to the next, I found my eyes drawn to three people moving swiftly through an otherwise slow-moving crowd. I couldn't help noticing (and I made an effort to not stare) because while they were obviously husband, wife and child, the man was a young, but very distinguished-looking Vulcan, while the woman was human. I've never heard of a human marrying a Vulcan, and this couple was obviously important. Diplomats. Politicians. Something like that. But what I was amazed to see, what completely changed my admittedly limited understanding of Vulcan culture, was a three year-old Vulcan child in a stroller smiling and laughing in a pleasant, sing-song voice. Oblivious, I suppose, to the impending reality of Vulcan stoicism, and whatever challenges a Vulcan/Human hybrid might face. The father looked as though he wanted to take his family out of the public eye as quickly as possible, and the mother seemed to be struggling to divide her attention between both of the men in her life. But the boy looked as if the world and the universe were nothing but safe, friendly playgrounds. I silently wished them all the good fortune they would certainly need in their unique life, and then resumed my hurried pace to the departure gate for the shuttle that would take me up to the Kelvin.
For next week. write a 100+ word log entry including the phrase "... no matter what it costs...". Post it in the yahoo group or on the blogsite's "comment" feature for a Command College Point.
Dev Notes:
I've done a great job of not looking after the day to day, week to week business while forging ahead with game development. Still in the testing and development stage is space terrain. Asteroid fields, nebula, black hole accretion disc. I only have rules for heavy cruisers now, but that'll change. Here are the rules so far:
Asteroid field
-heavy
--to hit: roll 6
--accident rate
volley 1 roll of 6 roll for damage
volley 2 roll of 5-6 roll for damage
volley 3 roll of 4-6 roll for damage
volley 4 roll of 3-6 roll for damage
volley 5 roll of 2-6 roll for damage
volley 6 roll for damage
-medium
--to hit: roll 5-6
--accident rate
volley 4 roll of 6 roll for damage
volley 5 roll of 5-6 roll for damage
volley 6 roll of 4-6 roll for damage
volley 7 roll of 3-6 roll for damage
volley 8 roll of 2-6 roll for damage
volley 9 roll for damage
-light
--to hit: roll 2-6
--accident rate
volley 6 roll of 6 roll for damage
volley 7 roll of 5-6 roll for damage
volley 8 roll of 4-6 roll for damage
volley 9 roll of 3-6 roll for damage
volley 10 roll of 2-6 roll for damage
volley 11 roll for damage
Nebula
temp 20% damage to simulate loss of shields
need 3-6 to hit
Black Hole Accretion Disc
need 3-6 to hit
--accident rate
volley 4 roll of 6 roll for damage
volley 5 roll of 5-6 roll for damage
volley 6 roll of 4-6 roll for damage
volley 7 roll of 3-6 roll for damage
volley 8 roll of 2-6 roll for damage
volley 9 roll for damage
volley 10 roll 1-3 to escape black hole.
Just to torture myself, I'm going to replay the Head to Head sector assault with random space terrain rules. Among other things, there will be systems incapable of supporting shipyards. That should add some spice to things.
As for Fifty Points, it is all talk and no action right now. Good thing nobody is paying a monthly fee for this :)
And much the same for June's calender image. Pencil has yet to touch paper. See you all next week…
Headlines From the Edge: "New App For the Diaper Set"
Blackberry users, as well as devotees of all the i-gadgets that are so much a part of our lives will now have a way of bringing the youngest members of society into their lists of facebook friends and Tweet followers. The new App comes with an easily insertable device to be attached to every new diaper that alerts the parent that a new movement has occured. There is, as of yet, no date for the release of the iPood.
Star Trek Enterprise Retro-Spective "Strange New World"
So far I've been pleasantly surprised by my retro-perspective of "Enterprise". "Strange New World" continues that, but not by the same degree as the others. Our crew has found their first 'Minshara' Class planet. That obviously is where Class M comes from in TOS. So they come down against T'Pol's recommendation. (Let me just say here and now that I didn't like that Archer continued to pick on T'Pol like that. Just as the First Officer has to respect the Captain, especially on the bridge, the Captain has to respect the First Officer. Especially on the bridge. But we are seeing Archer's character growing. I just didn't care for it. ) All seems well, and Trip, T'Pol, Mayweather, Cutler, and some poor guy who seems destined to be a red shirt in a later life spend the night to continue research and sleep under the stars. Mayweather tells a ghost story, and then we have a real dark and stormy night. A storm sets in, trapping our crew on the planet, in a cave for the night. Cue dramatic music. Soon everyone but T'Pol starts to see and hear things that aren't there. When I first saw this, way back, I stopped being interested. So...
Crewman Cutler hears T'Pol talking to someone who isn't there. Trip and Tucker see rock people. And our red-shirt-to-be runs out into the storm... and lives long enough to get beamed up. But he is sick, oh yes, quite sick. He beams up with pieces of trees and bushes embedded in his skin. Phlox removes all that but discovers remnants of a psychotropic compound in this blood. The compound is slowly breaking down, so we all breath a sigh of relief. Archer figures that if our increasingly paranoid landing party can avoid killing each other overnight they should be fine. But no. In what struck me as one of the episode's better moments, Phlox has to tell Archer he missed something, and the crewman may die. The same goes for the landing party. It was one of Phlox's best moments, and one of Archer's. But on with the show. Our crew is going increasingly nutty in the cave. Trip is starting to target rock people and shout and sweat. Finally, Archer and T'Pol pull a fast one on Trip. Medicine gets injected, and we're all okay. Even our future red-shirt is okay.
If that all seemed rather lacking in detail, it's because an hour after I watched it, I'd lost details. That pretty well sums up my opinion of the episode. While people are settling into their roles, and the episode wasn't a bad one, it was forgettable. The ghost story thing was fun, there were some fÃne performances, but I don't see myself going back to it like I do many others. And before I forget, let me point out that while it is a fun and even understandable idea to bring Porthos down to the surface, it hardly seems responsible.
Thumbs up, but not with great enthusiasm.
Next up... "Unexpected"
Crewman Cutler hears T'Pol talking to someone who isn't there. Trip and Tucker see rock people. And our red-shirt-to-be runs out into the storm... and lives long enough to get beamed up. But he is sick, oh yes, quite sick. He beams up with pieces of trees and bushes embedded in his skin. Phlox removes all that but discovers remnants of a psychotropic compound in this blood. The compound is slowly breaking down, so we all breath a sigh of relief. Archer figures that if our increasingly paranoid landing party can avoid killing each other overnight they should be fine. But no. In what struck me as one of the episode's better moments, Phlox has to tell Archer he missed something, and the crewman may die. The same goes for the landing party. It was one of Phlox's best moments, and one of Archer's. But on with the show. Our crew is going increasingly nutty in the cave. Trip is starting to target rock people and shout and sweat. Finally, Archer and T'Pol pull a fast one on Trip. Medicine gets injected, and we're all okay. Even our future red-shirt is okay.
If that all seemed rather lacking in detail, it's because an hour after I watched it, I'd lost details. That pretty well sums up my opinion of the episode. While people are settling into their roles, and the episode wasn't a bad one, it was forgettable. The ghost story thing was fun, there were some fÃne performances, but I don't see myself going back to it like I do many others. And before I forget, let me point out that while it is a fun and even understandable idea to bring Porthos down to the surface, it hardly seems responsible.
Thumbs up, but not with great enthusiasm.
Next up... "Unexpected"
Sunday, May 23, 2010
Fact Sheet and Full Text of New Arizona Immigration Law SB 1070
You can now do something that neither Barack Obama or Eric Holder have done. Learn the facts about, and actually read the new Arizona Immigration Law. Below is a fact sheet about the law, followed by the text of the law itself.
This is the fact sheet about the Arizona Immigration Law, from the Center for Immigration Studies, a non-partisan group. Quoted from rense.com:
Fact Sheet On New Arizona Immigration Law
Center For Immigration Studies
4-30-10
WASHINGTON - The new law recently signed by the governor of Arizona, SB 1070, makes it a state crime to violate some federal immigration statutes. While the law is extremely popular in the state, with 70 percent of Arizona voters approving of it and just 23 percent opposed, it has raised controversy. Below is a brief summary of the relevant information on illegal immigration in Arizona, followed by a short analysis of SB 1070's major provisions.
Illegal Immigration In Arizona
The federal government estimated that Arizona had one of the fastest growing illegal immigrant populations in the country, increasing from 330,000 in 2000 to 560,000 by 2008.<#1>1
Arizona has adopted other laws to deter the settlement of illegal immigrants in the state in recent years. The federal government estimates that the illegal immigrant population dropped by 18 percent in the state from 2008 to 2009, compared to a 7 percent drop for the nation as a whole.<#2>2 This may be evidence that the state enforcement efforts are having an impact.
The Maricopa County Attorney's Office has found that 22 percent of felonies in the county are committed by illegal immigrants.<#3>3 Illegal immigrants are estimated to be 10 percent of the county's adult population.<#4>4
Analysis of data from State Criminal Alien Assistance Program showed that illegal immigrants were 11 percent of the state's prison population. Illegal immigrants were estimated to be 8 percent of state's adult population at the time of the analysis.<#5>5
Approximately 17 percent of those arrested by the Border Patrol in its Tucson Sector have criminal records in the United States.<#6>6
The issue of illegal immigration and crime is very difficult to measure, and while in Arizona there is evidence that illegal immigrants are committing a disproportionate share of crime, it is not clear this is the case nationally.<#7>7
In 2007, the Center for Immigration Studies estimated that 12 percent of workers in the Arizona are illegal immigrants.<#8>8
In 2007, the Center estimated that illegal immigrants and their U.S.-born children (under 18) comprise one-fifth of those in the state living in poverty, one-third of those without health insurance, and one out of six students in the state's schools.<#9>9
In 2007, the Center estimated that one-third of households headed by illegal immigrants in Arizona used at least one major welfare program, primarily food-assistance programs or Medicaid. Benefits were typically received on behalf of U.S.-born children.<#10>10
The new law (SB 1070) is extremely popular among Arizona voters. A Rasmussen poll found that 70 percent of voters approve of the new bill, and just 23 percent oppose it.<#11>11
Among the new law's provisions:
The new Arizona law mirrors federal law, which already requires aliens (non-citizens) to register and carry their documents with them (8 USC 1304(e) and 8 USC 1306(a)). The new Arizona law simply states that violating federal immigration law is now a state crime as well. Because illegal immigrants are by definition in violation of federal immigration laws, they can now be arrested by local law enforcement in Arizona.
The law is designed to avoid the legal pitfall of "pre-emption," which means a state can't adopt laws that conflict with federal laws. By making what is a federal violation also a state violation, the Arizona law avoids this problem.
The law only allows police to ask about immigration status in the normal course of "lawful contact" with a person, such as a traffic stop or if they have committed a crime.
Estimates from the federal government indicate that more than 80 percent of illegal immigrants come from Latin America.<#12>12 Thus, there is concern that police may target only Hispanics for enforcement.
Before asking a person about immigration status, law enforcement officials are required by the law to have "reasonable suspicion" that a person is an illegal immigrant. The concept of "reasonable suspicion" is well established by court rulings. Since Arizona does not issue driver's licenses to illegal immigrants, having a valid license creates a presumption of legal status. Examples of reasonable suspicion include:
A driver stopped for a traffic violation has no license, or record of a driver's license or other form of federal or state identification.
A police officer observes someone buying fraudulent identity documents or crossing the border illegally.
A police officer recognizes a gang member back on the street who he knows has been previously deported by the federal government.
The law specifically states that police, "may not solely consider race, color or national origin" when implementing SB 1070.
When Arizona's governor signed the new law, she also issued an executive order requiring the Arizona Peace Officer Standards and Training Board to provide local police with additional training on what does and what does not constitute "reasonable suspicion."<#13>13
# # #
The Center for Immigration Studies is an independent non-partisan research institution that examines the impact of immigration on the United States. It is not involved in drafting legislation and has not formally endorsed or opposed SB 1070.
Endnotes
1 See Table 4 "Estimates of the Unauthorized Immigrant Population Residing in the United States: January 2008," http://www.dhs.gov/xlibrary/assets/statistics/publications/ois_ill_pe_2008.pdf.
2 See 'Estimates of the Unauthorized Immigrant Population Residing in the United States: January 2009," Table 4, http://www.dhs.gov/xlibrary/assets/statistics/publications/ois_ill_pe_2009.pdf See also Table 4 "Estimates of the Unauthorized Immigrant Population Residing in the United States: January 2008," http://www.dhs.gov/xlibrary/assets/statistics/publications/ois_ill_pe_2008.pdf.
3 The Maricopa County Attorney's office report is at: http://www.mcaodocuments.com/press/20081002_a-whitepaper.pdf.
4 See Table 3 in "Immigration and Crime: Assessing a Conflicted Issue," http://www.cis.org/ImmigrantCrime.
5 See Table 6 in "Immigration and Crime: Assessing a Conflicted Issue," http://www.cis.org/ImmigrantCrime.
6 See "The Krentz Bonfire: Will the murder of a respected Cochise County rancher change anything on our border?" Tucson Weekly, April 29, 2010, http://www.tucsonweekly.com/tucson/the-krentz-bonfire/Content?oid=1945848.
7 The Center for Immigration Studies has conducted a detailed review of the literature and data available on crime. Nationally it is very difficult to come to a clear conclusion about crime rates among immigrants. The report, "Immigration and Crime: Assessing a Conflicted Issue," is at: http://www.cis.org/ImmigrantCrime.
8 See Tables 21 in "Immigrants in the United States, 2007: A Profile of America's Foreign-Born Population," http://www.cis.org/immigrants_profile_2007.
9 See Tables 23, 24, and 26 in "Immigrants in the United States, 2007: A Profile of America's Foreign-Born Population," http://www.cis.org/immigrants_profile_2007.
10 See Tables 25 in "Immigrants in the United States, 2007: A Profile of America's Foreign-Born Population," http://www.cis.org/immigrants_profile_2007.
11 Rasmussen poll released April 21, 2010, of likely voters in Arizona, http://www.rasmussenreports.com/public_content/politics/elections2/election_2010/election_
2010_senate_elections/arizona/70_of_arizona_voters_favor_new_
state_measure_cracking_down_on_illegal_immigration.
12 See 'Estimates of the Unauthorized Immigrant Population Residing in the United States: January 2009," Figure 2, http://www.dhs.gov/xlibrary/assets/statistics/publications/ois_ill_pe_2009.pdf.
13 See http://www.azpost.state.az.us/bulletins/eo201009.pdf.
Contact Mark Krikorian, (202) 466-8185, msk@cis.org
- i -
Senate Engrossed
State of Arizona
Senate
Forty-ninth Legislature
Second Regular Session
2010
SENATE BILL 1070
AN ACT
AMENDING TITLE 11, CHAPTER 7, ARIZONA REVISED STATUTES, BY ADDING ARTICLE 8;
AMENDING TITLE 13, CHAPTER 15, ARIZONA REVISED STATUTES, BY ADDING SECTION
13-1509; AMENDING SECTION 13-2319, ARIZONA REVISED STATUTES; AMENDING TITLE
13, CHAPTER 29, ARIZONA REVISED STATUTES, BY ADDING SECTIONS 13-2928 AND
13-2929; AMENDING SECTIONS 23-212, 23-212.01, 23-214 AND 28-3511, ARIZONA
REVISED STATUTES; AMENDING TITLE 41, CHAPTER 12, ARTICLE 2, ARIZONA REVISED
STATUTES, BY ADDING SECTION 41-1724; RELATING TO UNLAWFULLY PRESENT ALIENS.
(TEXT OF BILL BEGINS ON NEXT PAGE)
S.B. 1070
- 1 -
1 Be it enacted by the Legislature of the State of Arizona:
2 Section 1. Intent
3 The legislature finds that there is a compelling interest in the
4 cooperative enforcement of federal immigration laws throughout all of
5 Arizona. The legislature declares that the intent of this act is to make
6 attrition through enforcement the public policy of all state and local
7 government agencies in Arizona. The provisions of this act are intended to
8 work together to discourage and deter the unlawful entry and presence of
9 aliens and economic activity by persons unlawfully present in the United
10 States.
11 Sec. 2. Title 11, chapter 7, Arizona Revised Statutes, is amended by
12 adding article 8, to read:
13 ARTICLE 8. ENFORCEMENT OF IMMIGRATION LAWS
14 11-1051. Cooperation and assistance in enforcement of
15 immigration laws; indemnification
16 A. NO OFFICIAL OR AGENCY OF THIS STATE OR A COUNTY, CITY, TOWN OR
17 OTHER POLITICAL SUBDIVISION OF THIS STATE MAY ADOPT A POLICY THAT LIMITS OR
18 RESTRICTS THE ENFORCEMENT OF FEDERAL IMMIGRATION LAWS TO LESS THAN THE FULL
19 EXTENT PERMITTED BY FEDERAL LAW.
20 B. FOR ANY LAWFUL CONTACT MADE BY A LAW ENFORCEMENT OFFICIAL OR AGENCY
21 OF THIS STATE OR A COUNTY, CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS
22 STATE WHERE REASONABLE SUSPICION EXISTS THAT THE PERSON IS AN ALIEN WHO IS
23 UNLAWFULLY PRESENT IN THE UNITED STATES, A REASONABLE ATTEMPT SHALL BE MADE,
24 WHEN PRACTICABLE, TO DETERMINE THE IMMIGRATION STATUS OF THE PERSON. THE
25 PERSON'S IMMIGRATION STATUS SHALL BE VERIFIED WITH THE FEDERAL GOVERNMENT
26 PURSUANT TO 8 UNITED STATES CODE SECTION 1373(c).
27 C. IF AN ALIEN WHO IS UNLAWFULLY PRESENT IN THE UNITED STATES IS
28 CONVICTED OF A VIOLATION OF STATE OR LOCAL LAW, ON DISCHARGE FROM
29 IMPRISONMENT OR ASSESSMENT OF ANY FINE THAT IS IMPOSED, THE ALIEN SHALL BE
30 TRANSFERRED IMMEDIATELY TO THE CUSTODY OF THE UNITED STATES IMMIGRATION AND
31 CUSTOMS ENFORCEMENT OR THE UNITED STATES CUSTOMS AND BORDER PROTECTION.
32 D. NOTWITHSTANDING ANY OTHER LAW, A LAW ENFORCEMENT AGENCY MAY
33 SECURELY TRANSPORT AN ALIEN WHO IS UNLAWFULLY PRESENT IN THE UNITED STATES
34 AND WHO IS IN THE AGENCY'S CUSTODY TO A FEDERAL FACILITY IN THIS STATE OR TO
35 ANY OTHER POINT OF TRANSFER INTO FEDERAL CUSTODY THAT IS OUTSIDE THE
36 JURISDICTION OF THE LAW ENFORCEMENT AGENCY.
37 E. A LAW ENFORCEMENT OFFICER, WITHOUT A WARRANT, MAY ARREST A PERSON
38 IF THE OFFICER HAS PROBABLE CAUSE TO BELIEVE THAT THE PERSON HAS COMMITTED
39 ANY PUBLIC OFFENSE THAT MAKES THE PERSON REMOVABLE FROM THE UNITED STATES.
40 F. EXCEPT AS PROVIDED IN FEDERAL LAW, OFFICIALS OR AGENCIES OF THIS
41 STATE AND COUNTIES, CITIES, TOWNS AND OTHER POLITICAL SUBDIVISIONS OF THIS
42 STATE MAY NOT BE PROHIBITED OR IN ANY WAY BE RESTRICTED FROM SENDING,
43 RECEIVING OR MAINTAINING INFORMATION RELATING TO THE IMMIGRATION STATUS OF
44 ANY INDIVIDUAL OR EXCHANGING THAT INFORMATION WITH ANY OTHER FEDERAL, STATE
45 OR LOCAL GOVERNMENTAL ENTITY FOR THE FOLLOWING OFFICIAL PURPOSES:
S.B. 1070
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1 1. DETERMINING ELIGIBILITY FOR ANY PUBLIC BENEFIT, SERVICE OR LICENSE
2 PROVIDED BY ANY FEDERAL, STATE, LOCAL OR OTHER POLITICAL SUBDIVISION OF THIS
3 STATE.
4 2. VERIFYING ANY CLAIM OF RESIDENCE OR DOMICILE IF DETERMINATION OF
5 RESIDENCE OR DOMICILE IS REQUIRED UNDER THE LAWS OF THIS STATE OR A JUDICIAL
6 ORDER ISSUED PURSUANT TO A CIVIL OR CRIMINAL PROCEEDING IN THIS STATE.
7 3. CONFIRMING THE IDENTITY OF ANY PERSON WHO IS DETAINED.
8 4. IF THE PERSON IS AN ALIEN, DETERMINING WHETHER THE PERSON IS IN
9 COMPLIANCE WITH THE FEDERAL REGISTRATION LAWS PRESCRIBED BY TITLE II, CHAPTER
10 7 OF THE FEDERAL IMMIGRATION AND NATIONALITY ACT.
11 G. A PERSON MAY BRING AN ACTION IN SUPERIOR COURT TO CHALLENGE ANY
12 OFFICIAL OR AGENCY OF THIS STATE OR A COUNTY, CITY, TOWN OR OTHER POLITICAL
13 SUBDIVISION OF THIS STATE THAT ADOPTS OR IMPLEMENTS A POLICY THAT LIMITS OR
14 RESTRICTS THE ENFORCEMENT OF FEDERAL IMMIGRATION LAWS TO LESS THAN THE FULL
15 EXTENT PERMITTED BY FEDERAL LAW. IF THERE IS A JUDICIAL FINDING THAT AN
16 ENTITY HAS VIOLATED THIS SECTION, THE COURT SHALL ORDER ANY OF THE FOLLOWING:
17 1. THAT THE PERSON WHO BROUGHT THE ACTION RECOVER COURT COSTS AND
18 ATTORNEY FEES.
19 2. THAT THE ENTITY PAY A CIVIL PENALTY OF NOT LESS THAN ONE THOUSAND
20 DOLLARS AND NOT MORE THAN FIVE THOUSAND DOLLARS FOR EACH DAY THAT THE POLICY
21 HAS REMAINED IN EFFECT AFTER THE FILING OF AN ACTION PURSUANT TO THIS
22 SUBSECTION.
23 H. A COURT SHALL COLLECT THE CIVIL PENALTY PRESCRIBED IN SUBSECTION G
24 AND REMIT THE CIVIL PENALTY TO THE DEPARTMENT OF PUBLIC SAFETY FOR DEPOSIT IN
25 THE GANG AND IMMIGRATION INTELLIGENCE TEAM ENFORCEMENT MISSION FUND
26 ESTABLISHED BY SECTION 41-1724.
27 I. A LAW ENFORCEMENT OFFICER IS INDEMNIFIED BY THE LAW ENFORCEMENT
28 OFFICER'S AGENCY AGAINST REASONABLE COSTS AND EXPENSES, INCLUDING ATTORNEY
29 FEES, INCURRED BY THE OFFICER IN CONNECTION WITH ANY ACTION, SUIT OR
30 PROCEEDING BROUGHT PURSUANT TO THIS SECTION TO WHICH THE OFFICER MAY BE A
31 PARTY BY REASON OF THE OFFICER BEING OR HAVING BEEN A MEMBER OF THE LAW
32 ENFORCEMENT AGENCY, EXCEPT IN RELATION TO MATTERS IN WHICH THE OFFICER IS
33 ADJUDGED TO HAVE ACTED IN BAD FAITH.
34 J. THIS SECTION SHALL BE IMPLEMENTED IN A MANNER CONSISTENT WITH
35 FEDERAL LAWS REGULATING IMMIGRATION, PROTECTING THE CIVIL RIGHTS OF ALL
36 PERSONS AND RESPECTING THE PRIVILEGES AND IMMUNITIES OF UNITED STATES
37 CITIZENS.
38 Sec. 3. Title 13, chapter 15, Arizona Revised Statutes, is amended by
39 adding section 13-1509, to read:
40 13-1509. Trespassing by illegal aliens; assessment; exception;
41 classification
42 A. IN ADDITION TO ANY VIOLATION OF FEDERAL LAW, A PERSON IS GUILTY OF
43 TRESPASSING IF THE PERSON IS BOTH:
44 1. PRESENT ON ANY PUBLIC OR PRIVATE LAND IN THIS STATE.
45 2. IN VIOLATION OF 8 UNITED STATES CODE SECTION 1304(e) OR 1306(a).
S.B. 1070
- 3 -
1 B. IN THE ENFORCEMENT OF THIS SECTION, THE FINAL DETERMINATION OF AN
2 ALIEN'S IMMIGRATION STATUS SHALL BE DETERMINED BY EITHER:
3 1. A LAW ENFORCEMENT OFFICER WHO IS AUTHORIZED BY THE FEDERAL
4 GOVERNMENT TO VERIFY OR ASCERTAIN AN ALIEN'S IMMIGRATION STATUS.
5 2. A LAW ENFORCEMENT OFFICER OR AGENCY COMMUNICATING WITH THE UNITED
6 STATES IMMIGRATION AND CUSTOMS ENFORCEMENT OR THE UNITED STATES BORDER
7 PROTECTION PURSUANT TO 8 UNITED STATES CODE SECTION 1373(c).
8 C. A PERSON WHO IS SENTENCED PURSUANT TO THIS SECTION IS NOT ELIGIBLE
9 FOR SUSPENSION OR COMMUTATION OF SENTENCE OR RELEASE ON ANY BASIS UNTIL THE
10 SENTENCE IMPOSED IS SERVED.
11 D. IN ADDITION TO ANY OTHER PENALTY PRESCRIBED BY LAW, THE COURT SHALL
12 ORDER THE PERSON TO PAY JAIL COSTS AND AN ADDITIONAL ASSESSMENT IN THE
13 FOLLOWING AMOUNTS:
14 1. AT LEAST FIVE HUNDRED DOLLARS FOR A FIRST VIOLATION.
15 2. TWICE THE AMOUNT SPECIFIED IN PARAGRAPH 1 OF THIS SUBSECTION IF THE
16 PERSON WAS PREVIOUSLY SUBJECT TO AN ASSESSMENT PURSUANT TO THIS SUBSECTION.
17 E. A COURT SHALL COLLECT THE ASSESSMENTS PRESCRIBED IN SUBSECTION D OF
18 THIS SECTION AND REMIT THE ASSESSMENTS TO THE DEPARTMENT OF PUBLIC SAFETY,
19 WHICH SHALL ESTABLISH A SPECIAL SUBACCOUNT FOR THE MONIES IN THE ACCOUNT
20 ESTABLISHED FOR THE GANG AND IMMIGRATION INTELLIGENCE TEAM ENFORCEMENT
21 MISSION APPROPRIATION. MONIES IN THE SPECIAL SUBACCOUNT ARE SUBJECT TO
22 LEGISLATIVE APPROPRIATION FOR DISTRIBUTION FOR GANG AND IMMIGRATION
23 ENFORCEMENT AND FOR COUNTY JAIL REIMBURSEMENT COSTS RELATING TO ILLEGAL
24 IMMIGRATION.
25 F. THIS SECTION DOES NOT APPLY TO A PERSON WHO MAINTAINS AUTHORIZATION
26 FROM THE FEDERAL GOVERNMENT TO REMAIN IN THE UNITED STATES.
27 G. A VIOLATION OF THIS SECTION IS A CLASS 1 MISDEMEANOR, EXCEPT THAT A
28 VIOLATION OF THIS SECTION IS:
29 1. A CLASS 3 FELONY IF THE PERSON VIOLATES THIS SECTION WHILE IN
30 POSSESSION OF ANY OF THE FOLLOWING:
31 (a) A DANGEROUS DRUG AS DEFINED IN SECTION 13-3401.
32 (b) PRECURSOR CHEMICALS THAT ARE USED IN THE MANUFACTURING OF
33 METHAMPHETAMINE IN VIOLATION OF SECTION 13-3404.01.
34 (c) A DEADLY WEAPON OR A DANGEROUS INSTRUMENT, AS DEFINED IN SECTION
35 13-105.
36 (d) PROPERTY THAT IS USED FOR THE PURPOSE OF COMMITTING AN ACT OF
37 TERRORISM AS PRESCRIBED IN SECTION 13-2308.01.
38 2. A CLASS 4 FELONY IF THE PERSON EITHER:
39 (a) IS CONVICTED OF A SECOND OR SUBSEQUENT VIOLATION OF THIS SECTION.
40 (b) WITHIN SIXTY MONTHS BEFORE THE VIOLATION, HAS BEEN REMOVED FROM
41 THE UNITED STATES PURSUANT TO 8 UNITED STATES CODE SECTION 1229a OR HAS
42 ACCEPTED A VOLUNTARY REMOVAL FROM THE UNITED STATES PURSUANT TO 8 UNITED
43 STATES CODE SECTION 1229c.
S.B. 1070
- 4 -
1 Sec. 4. Section 13-2319, Arizona Revised Statutes, is amended to read:
2 13-2319. Smuggling; classification; definitions
3 A. It is unlawful for a person to intentionally engage in the
4 smuggling of human beings for profit or commercial purpose.
5 B. A violation of this section is a class 4 felony.
6 C. Notwithstanding subsection B of this section, a violation of this
7 section:
8 1. Is a class 2 felony if the human being who is smuggled is under
9 eighteen years of age and is not accompanied by a family member over eighteen
10 years of age or the offense involved the use of a deadly weapon or dangerous
11 instrument.
12 2. Is a class 3 felony if the offense involves the use or threatened
13 use of deadly physical force and the person is not eligible for suspension of
14 sentence, probation, pardon or release from confinement on any other basis
15 except pursuant to section 31-233, subsection A or B until the sentence
16 imposed by the court is served, the person is eligible for release pursuant
17 to section 41-1604.07 or the sentence is commuted.
18 D. Chapter 10 of this title does not apply to a violation of
19 subsection C, paragraph 1 of this section.
20 E. NOTWITHSTANDING ANY OTHER LAW, A PEACE OFFICER MAY LAWFULLY STOP
21 ANY PERSON WHO IS OPERATING A MOTOR VEHICLE IF THE OFFICER HAS REASONABLE
22 SUSPICION TO BELIEVE THE PERSON IS IN VIOLATION OF ANY CIVIL TRAFFIC LAW AND
23 THIS SECTION.
24 E. F. For the purposes of this section:
25 1. "Family member" means the person's parent, grandparent, sibling or
26 any other person who is related to the person by consanguinity or affinity to
27 the second degree.
28 2. "Procurement of transportation" means any participation in or
29 facilitation of transportation and includes:
30 (a) Providing services that facilitate transportation including travel
31 arrangement services or money transmission services.
32 (b) Providing property that facilitates transportation, including a
33 weapon, a vehicle or other means of transportation or false identification,
34 or selling, leasing, renting or otherwise making available a drop house as
35 defined in section 13-2322.
36 3. "Smuggling of human beings" means the transportation, procurement
37 of transportation or use of property or real property by a person or an
38 entity that knows or has reason to know that the person or persons
39 transported or to be transported are not United States citizens, permanent
40 resident aliens or persons otherwise lawfully in this state or have attempted
41 to enter, entered or remained in the United States in violation of law.
S.B. 1070
- 5 -
1 Sec. 5. Title 13, chapter 29, Arizona Revised Statutes, is amended by
2 adding sections 13-2928 and 13-2929, to read:
3 13-2928. Unlawful stopping to hire and pick up passengers for
4 work; unlawful application, solicitation or
5 employment; classification; definitions
6 A. IT IS UNLAWFUL FOR AN OCCUPANT OF A MOTOR VEHICLE THAT IS STOPPED
7 ON A STREET, ROADWAY OR HIGHWAY TO ATTEMPT TO HIRE OR HIRE AND PICK UP
8 PASSENGERS FOR WORK AT A DIFFERENT LOCATION IF THE MOTOR VEHICLE BLOCKS OR
9 IMPEDES THE NORMAL MOVEMENT OF TRAFFIC.
10 B. IT IS UNLAWFUL FOR A PERSON TO ENTER A MOTOR VEHICLE THAT IS
11 STOPPED ON A STREET, ROADWAY OR HIGHWAY IN ORDER TO BE HIRED BY AN OCCUPANT
12 OF THE MOTOR VEHICLE AND TO BE TRANSPORTED TO WORK AT A DIFFERENT LOCATION IF
13 THE MOTOR VEHICLE BLOCKS OR IMPEDES THE NORMAL MOVEMENT OF TRAFFIC.
14 C. IT IS UNLAWFUL FOR A PERSON WHO IS UNLAWFULLY PRESENT IN THE UNITED
15 STATES AND WHO IS AN UNAUTHORIZED ALIEN TO KNOWINGLY APPLY FOR WORK, SOLICIT
16 WORK IN A PUBLIC PLACE OR PERFORM WORK AS AN EMPLOYEE OR INDEPENDENT
17 CONTRACTOR IN THIS STATE.
18 D. A VIOLATION OF THIS SECTION IS A CLASS 1 MISDEMEANOR.
19 E. FOR THE PURPOSES OF THIS SECTION:
20 1. "SOLICIT" MEANS VERBAL OR NONVERBAL COMMUNICATION BY A GESTURE OR A
21 NOD THAT WOULD INDICATE TO A REASONABLE PERSON THAT A PERSON IS WILLING TO BE
22 EMPLOYED.
23 2. "UNAUTHORIZED ALIEN" MEANS AN ALIEN WHO DOES NOT HAVE THE LEGAL
24 RIGHT OR AUTHORIZATION UNDER FEDERAL LAW TO WORK IN THE UNITED STATES AS
25 DESCRIBED IN 8 UNITED STATES CODE SECTION 1324a(h)(3).
26 13-2929. Unlawful transporting, moving, concealing, harboring
27 or shielding of unlawful aliens; vehicle
28 impoundment; classification
29 A. IT IS UNLAWFUL FOR A PERSON WHO IS IN VIOLATION OF A CRIMINAL
30 OFFENSE TO:
31 1. TRANSPORT OR MOVE OR ATTEMPT TO TRANSPORT OR MOVE AN ALIEN IN THIS
32 STATE IN A MEANS OF TRANSPORTATION IF THE PERSON KNOWS OR RECKLESSLY
33 DISREGARDS THE FACT THAT THE ALIEN HAS COME TO, HAS ENTERED OR REMAINS IN THE
34 UNITED STATES IN VIOLATION OF LAW.
35 2. CONCEAL, HARBOR OR SHIELD OR ATTEMPT TO CONCEAL, HARBOR OR SHIELD
36 AN ALIEN FROM DETECTION IN ANY PLACE IN THIS STATE, INCLUDING ANY BUILDING OR
37 ANY MEANS OF TRANSPORTATION, IF THE PERSON KNOWS OR RECKLESSLY DISREGARDS THE
38 FACT THAT THE ALIEN HAS COME TO, HAS ENTERED OR REMAINS IN THE UNITED STATES
39 IN VIOLATION OF LAW.
40 3. ENCOURAGE OR INDUCE AN ALIEN TO COME TO OR RESIDE IN THIS STATE IF
41 THE PERSON KNOWS OR RECKLESSLY DISREGARDS THE FACT THAT SUCH COMING TO,
42 ENTERING OR RESIDING IN THIS STATE IS OR WILL BE IN VIOLATION OF LAW.
43 B. A MEANS OF TRANSPORTATION THAT IS USED IN THE COMMISSION OF A
44 VIOLATION OF THIS SECTION IS SUBJECT TO MANDATORY VEHICLE IMMOBILIZATION OR
45 IMPOUNDMENT PURSUANT TO SECTION 28-3511.
S.B. 1070
- 6 -
1 C. A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A CLASS 1
2 MISDEMEANOR AND IS SUBJECT TO A FINE OF AT LEAST ONE THOUSAND DOLLARS, EXCEPT
3 THAT A VIOLATION OF THIS SECTION THAT INVOLVES TEN OR MORE ILLEGAL ALIENS IS
4 A CLASS 6 FELONY AND THE PERSON IS SUBJECT TO A FINE OF AT LEAST ONE THOUSAND
5 DOLLARS FOR EACH ALIEN WHO IS INVOLVED.
6 Sec. 6. Section 23-212, Arizona Revised Statutes, is amended to read:
7 23-212. Knowingly employing unauthorized aliens; prohibition;
8 false and frivolous complaints; violation;
9 classification; license suspension and revocation;
10 affirmative defense
11 A. An employer shall not knowingly employ an unauthorized alien. If,
12 in the case when an employer uses a contract, subcontract or other
13 independent contractor agreement to obtain the labor of an alien in this
14 state, the employer knowingly contracts with an unauthorized alien or with a
15 person who employs or contracts with an unauthorized alien to perform the
16 labor, the employer violates this subsection.
17 B. The attorney general shall prescribe a complaint form for a person
18 to allege a violation of subsection A of this section. The complainant shall
19 not be required to list the complainant's social security number on the
20 complaint form or to have the complaint form notarized. On receipt of a
21 complaint on a prescribed complaint form that an employer allegedly knowingly
22 employs an unauthorized alien, the attorney general or county attorney shall
23 investigate whether the employer has violated subsection A of this section.
24 If a complaint is received but is not submitted on a prescribed complaint
25 form, the attorney general or county attorney may investigate whether the
26 employer has violated subsection A of this section. This subsection shall
27 not be construed to prohibit the filing of anonymous complaints that are not
28 submitted on a prescribed complaint form. The attorney general or county
29 attorney shall not investigate complaints that are based solely on race,
30 color or national origin. A complaint that is submitted to a county attorney
31 shall be submitted to the county attorney in the county in which the alleged
32 unauthorized alien is or was employed by the employer. The county sheriff or
33 any other local law enforcement agency may assist in investigating a
34 complaint. When investigating a complaint, the attorney general or county
35 attorney shall verify the work authorization of the alleged unauthorized
36 alien with the federal government pursuant to 8 United States Code section
37 1373(c). A state, county or local official shall not attempt to
38 independently make a final determination on whether an alien is authorized to
39 work in the United States. An alien's immigration status or work
40 authorization status shall be verified with the federal government pursuant
41 to 8 United States Code section 1373(c). A person who knowingly files a
42 false and frivolous complaint under this subsection is guilty of a class 3
43 misdemeanor.
S.B. 1070
- 7 -
1 C. If, after an investigation, the attorney general or county attorney
2 determines that the complaint is not false and frivolous:
3 1. The attorney general or county attorney shall notify the United
4 States immigration and customs enforcement of the unauthorized alien.
5 2. The attorney general or county attorney shall notify the local law
6 enforcement agency of the unauthorized alien.
7 3. The attorney general shall notify the appropriate county attorney
8 to bring an action pursuant to subsection D of this section if the complaint
9 was originally filed with the attorney general.
10 D. An action for a violation of subsection A of this section shall be
11 brought against the employer by the county attorney in the county where the
12 unauthorized alien employee is or was employed by the employer. The county
13 attorney shall not bring an action against any employer for any violation of
14 subsection A of this section that occurs before January 1, 2008. A second
15 violation of this section shall be based only on an unauthorized alien who is
16 or was employed by the employer after an action has been brought for a
17 violation of subsection A of this section or section 23-212.01, subsection A.
18 E. For any action in superior court under this section, the court
19 shall expedite the action, including assigning the hearing at the earliest
20 practicable date.
21 F. On a finding of a violation of subsection A of this section:
22 1. For a first violation, as described in paragraph 3 of this
23 subsection, the court:
24 (a) Shall order the employer to terminate the employment of all
25 unauthorized aliens.
26 (b) Shall order the employer to be subject to a three year
27 probationary period for the business location where the unauthorized alien
28 performed work. During the probationary period the employer shall file
29 quarterly reports in the form provided in section 23-722.01 with the county
30 attorney of each new employee who is hired by the employer at the business
31 location where the unauthorized alien performed work.
32 (c) Shall order the employer to file a signed sworn affidavit with the
33 county attorney within three business days after the order is issued. The
34 affidavit shall state that the employer has terminated the employment of all
35 unauthorized aliens in this state and that the employer will not
36 intentionally or knowingly employ an unauthorized alien in this state. The
37 court shall order the appropriate agencies to suspend all licenses subject to
38 this subdivision that are held by the employer if the employer fails to file
39 a signed sworn affidavit with the county attorney within three business days
40 after the order is issued. All licenses that are suspended under this
41 subdivision shall remain suspended until the employer files a signed sworn
42 affidavit with the county attorney. Notwithstanding any other law, on filing
43 of the affidavit the suspended licenses shall be reinstated immediately by
44 the appropriate agencies. For the purposes of this subdivision, the licenses
45 that are subject to suspension under this subdivision are all licenses that
S.B. 1070
- 8 -
1 are held by the employer specific to the business location where the
2 unauthorized alien performed work. If the employer does not hold a license
3 specific to the business location where the unauthorized alien performed
4 work, but a license is necessary to operate the employer's business in
5 general, the licenses that are subject to suspension under this subdivision
6 are all licenses that are held by the employer at the employer's primary
7 place of business. On receipt of the court's order and notwithstanding any
8 other law, the appropriate agencies shall suspend the licenses according to
9 the court's order. The court shall send a copy of the court's order to the
10 attorney general and the attorney general shall maintain the copy pursuant to
11 subsection G of this section.
12 (d) May order the appropriate agencies to suspend all licenses
13 described in subdivision (c) of this paragraph that are held by the employer
14 for not to exceed ten business days. The court shall base its decision to
15 suspend under this subdivision on any evidence or information submitted to it
16 during the action for a violation of this subsection and shall consider the
17 following factors, if relevant:
18 (i) The number of unauthorized aliens employed by the employer.
19 (ii) Any prior misconduct by the employer.
20 (iii) The degree of harm resulting from the violation.
21 (iv) Whether the employer made good faith efforts to comply with any
22 applicable requirements.
23 (v) The duration of the violation.
24 (vi) The role of the directors, officers or principals of the employer
25 in the violation.
26 (vii) Any other factors the court deems appropriate.
27 2. For a second violation, as described in paragraph 3 of this
28 subsection, the court shall order the appropriate agencies to permanently
29 revoke all licenses that are held by the employer specific to the business
30 location where the unauthorized alien performed work. If the employer does
31 not hold a license specific to the business location where the unauthorized
32 alien performed work, but a license is necessary to operate the employer's
33 business in general, the court shall order the appropriate agencies to
34 permanently revoke all licenses that are held by the employer at the
35 employer's primary place of business. On receipt of the order and
36 notwithstanding any other law, the appropriate agencies shall immediately
37 revoke the licenses.
38 3. The violation shall be considered:
39 (a) A first violation by an employer at a business location if the
40 violation did not occur during a probationary period ordered by the court
41 under this subsection or section 23-212.01, subsection F for that employer's
42 business location.
43 (b) A second violation by an employer at a business location if the
44 violation occurred during a probationary period ordered by the court under
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1 this subsection or section 23-212.01, subsection F for that employer's
2 business location.
3 G. The attorney general shall maintain copies of court orders that are
4 received pursuant to subsection F of this section and shall maintain a
5 database of the employers and business locations that have a first violation
6 of subsection A of this section and make the court orders available on the
7 attorney general's website.
8 H. On determining whether an employee is an unauthorized alien, the
9 court shall consider only the federal government's determination pursuant to
10 8 United States Code section 1373(c). The federal government's determination
11 creates a rebuttable presumption of the employee's lawful status. The court
12 may take judicial notice of the federal government's determination and may
13 request the federal government to provide automated or testimonial
14 verification pursuant to 8 United States Code section 1373(c).
15 I. For the purposes of this section, proof of verifying the employment
16 authorization of an employee through the e-verify program creates a
17 rebuttable presumption that an employer did not knowingly employ an
18 unauthorized alien.
19 J. For the purposes of this section, an employer that establishes that
20 it has complied in good faith with the requirements of 8 United States Code
21 section 1324a(b) establishes an affirmative defense that the employer did not
22 knowingly employ an unauthorized alien. An employer is considered to have
23 complied with the requirements of 8 United States Code section 1324a(b),
24 notwithstanding an isolated, sporadic or accidental technical or procedural
25 failure to meet the requirements, if there is a good faith attempt to comply
26 with the requirements.
27 K. IT IS AN AFFIRMATIVE DEFENSE TO A VIOLATION OF SUBSECTION A OF THIS
28 SECTION THAT THE EMPLOYER WAS ENTRAPPED. TO CLAIM ENTRAPMENT, THE EMPLOYER
29 MUST ADMIT BY THE EMPLOYER'S TESTIMONY OR OTHER EVIDENCE THE SUBSTANTIAL
30 ELEMENTS OF THE VIOLATION. AN EMPLOYER WHO ASSERTS AN ENTRAPMENT DEFENSE HAS
31 THE BURDEN OF PROVING THE FOLLOWING BY CLEAR AND CONVINCING EVIDENCE:
32 1. THE IDEA OF COMMITTING THE VIOLATION STARTED WITH LAW ENFORCEMENT
33 OFFICERS OR THEIR AGENTS RATHER THAN WITH THE EMPLOYER.
34 2. THE LAW ENFORCEMENT OFFICERS OR THEIR AGENTS URGED AND INDUCED THE
35 EMPLOYER TO COMMIT THE VIOLATION.
36 3. THE EMPLOYER WAS NOT PREDISPOSED TO COMMIT THE VIOLATION BEFORE THE
37 LAW ENFORCEMENT OFFICERS OR THEIR AGENTS URGED AND INDUCED THE EMPLOYER TO
38 COMMIT THE VIOLATION.
39 L. AN EMPLOYER DOES NOT ESTABLISH ENTRAPMENT IF THE EMPLOYER WAS
40 PREDISPOSED TO VIOLATE SUBSECTION A OF THIS SECTION AND THE LAW ENFORCEMENT
41 OFFICERS OR THEIR AGENTS MERELY PROVIDED THE EMPLOYER WITH AN OPPORTUNITY TO
42 COMMIT THE VIOLATION. IT IS NOT ENTRAPMENT FOR LAW ENFORCEMENT OFFICERS OR
43 THEIR AGENTS MERELY TO USE A RUSE OR TO CONCEAL THEIR IDENTITY. THE CONDUCT
44 OF LAW ENFORCEMENT OFFICERS AND THEIR AGENTS MAY BE CONSIDERED IN DETERMINING
45 IF AN EMPLOYER HAS PROVEN ENTRAPMENT.
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1 Sec. 7. Section 23-212.01, Arizona Revised Statutes, is amended to
2 read:
3 23-212.01. Intentionally employing unauthorized aliens;
4 prohibition; false and frivolous complaints;
5 violation; classification; license suspension and
6 revocation; affirmative defense
7 A. An employer shall not intentionally employ an unauthorized alien.
8 If, in the case when an employer uses a contract, subcontract or other
9 independent contractor agreement to obtain the labor of an alien in this
10 state, the employer intentionally contracts with an unauthorized alien or
11 with a person who employs or contracts with an unauthorized alien to perform
12 the labor, the employer violates this subsection.
13 B. The attorney general shall prescribe a complaint form for a person
14 to allege a violation of subsection A of this section. The complainant shall
15 not be required to list the complainant's social security number on the
16 complaint form or to have the complaint form notarized. On receipt of a
17 complaint on a prescribed complaint form that an employer allegedly
18 intentionally employs an unauthorized alien, the attorney general or county
19 attorney shall investigate whether the employer has violated subsection A of
20 this section. If a complaint is received but is not submitted on a
21 prescribed complaint form, the attorney general or county attorney may
22 investigate whether the employer has violated subsection A of this section.
23 This subsection shall not be construed to prohibit the filing of anonymous
24 complaints that are not submitted on a prescribed complaint form. The
25 attorney general or county attorney shall not investigate complaints that are
26 based solely on race, color or national origin. A complaint that is
27 submitted to a county attorney shall be submitted to the county attorney in
28 the county in which the alleged unauthorized alien is or was employed by the
29 employer. The county sheriff or any other local law enforcement agency may
30 assist in investigating a complaint. When investigating a complaint, the
31 attorney general or county attorney shall verify the work authorization of
32 the alleged unauthorized alien with the federal government pursuant to
33 8 United States Code section 1373(c). A state, county or local official
34 shall not attempt to independently make a final determination on whether an
35 alien is authorized to work in the United States. An alien's immigration
36 status or work authorization status shall be verified with the federal
37 government pursuant to 8 United States Code section 1373(c). A person who
38 knowingly files a false and frivolous complaint under this subsection is
39 guilty of a class 3 misdemeanor.
40 C. If, after an investigation, the attorney general or county attorney
41 determines that the complaint is not false and frivolous:
42 1. The attorney general or county attorney shall notify the United
43 States immigration and customs enforcement of the unauthorized alien.
44 2. The attorney general or county attorney shall notify the local law
45 enforcement agency of the unauthorized alien.
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1 3. The attorney general shall notify the appropriate county attorney
2 to bring an action pursuant to subsection D of this section if the complaint
3 was originally filed with the attorney general.
4 D. An action for a violation of subsection A of this section shall be
5 brought against the employer by the county attorney in the county where the
6 unauthorized alien employee is or was employed by the employer. The county
7 attorney shall not bring an action against any employer for any violation of
8 subsection A of this section that occurs before January 1, 2008. A second
9 violation of this section shall be based only on an unauthorized alien who is
10 or was employed by the employer after an action has been brought for a
11 violation of subsection A of this section or section 23-212, subsection A.
12 E. For any action in superior court under this section, the court
13 shall expedite the action, including assigning the hearing at the earliest
14 practicable date.
15 F. On a finding of a violation of subsection A of this section:
16 1. For a first violation, as described in paragraph 3 of this
17 subsection, the court shall:
18 (a) Order the employer to terminate the employment of all unauthorized
19 aliens.
20 (b) Order the employer to be subject to a five year probationary
21 period for the business location where the unauthorized alien performed work.
22 During the probationary period the employer shall file quarterly reports in
23 the form provided in section 23-722.01 with the county attorney of each new
24 employee who is hired by the employer at the business location where the
25 unauthorized alien performed work.
26 (c) Order the appropriate agencies to suspend all licenses described
27 in subdivision (d) of this paragraph that are held by the employer for a
28 minimum of ten days. The court shall base its decision on the length of the
29 suspension under this subdivision on any evidence or information submitted to
30 it during the action for a violation of this subsection and shall consider
31 the following factors, if relevant:
32 (i) The number of unauthorized aliens employed by the employer.
33 (ii) Any prior misconduct by the employer.
34 (iii) The degree of harm resulting from the violation.
35 (iv) Whether the employer made good faith efforts to comply with any
36 applicable requirements.
37 (v) The duration of the violation.
38 (vi) The role of the directors, officers or principals of the employer
39 in the violation.
40 (vii) Any other factors the court deems appropriate.
41 (d) Order the employer to file a signed sworn affidavit with the
42 county attorney. The affidavit shall state that the employer has terminated
43 the employment of all unauthorized aliens in this state and that the employer
44 will not intentionally or knowingly employ an unauthorized alien in this
45 state. The court shall order the appropriate agencies to suspend all
S.B. 1070
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1 licenses subject to this subdivision that are held by the employer if the
2 employer fails to file a signed sworn affidavit with the county attorney
3 within three business days after the order is issued. All licenses that are
4 suspended under this subdivision for failing to file a signed sworn affidavit
5 shall remain suspended until the employer files a signed sworn affidavit with
6 the county attorney. For the purposes of this subdivision, the licenses that
7 are subject to suspension under this subdivision are all licenses that are
8 held by the employer specific to the business location where the unauthorized
9 alien performed work. If the employer does not hold a license specific to
10 the business location where the unauthorized alien performed work, but a
11 license is necessary to operate the employer's business in general, the
12 licenses that are subject to suspension under this subdivision are all
13 licenses that are held by the employer at the employer's primary place of
14 business. On receipt of the court's order and notwithstanding any other law,
15 the appropriate agencies shall suspend the licenses according to the court's
16 order. The court shall send a copy of the court's order to the attorney
17 general and the attorney general shall maintain the copy pursuant to
18 subsection G of this section.
19 2. For a second violation, as described in paragraph 3 of this
20 subsection, the court shall order the appropriate agencies to permanently
21 revoke all licenses that are held by the employer specific to the business
22 location where the unauthorized alien performed work. If the employer does
23 not hold a license specific to the business location where the unauthorized
24 alien performed work, but a license is necessary to operate the employer's
25 business in general, the court shall order the appropriate agencies to
26 permanently revoke all licenses that are held by the employer at the
27 employer's primary place of business. On receipt of the order and
28 notwithstanding any other law, the appropriate agencies shall immediately
29 revoke the licenses.
30 3. The violation shall be considered:
31 (a) A first violation by an employer at a business location if the
32 violation did not occur during a probationary period ordered by the court
33 under this subsection or section 23-212, subsection F for that employer's
34 business location.
35 (b) A second violation by an employer at a business location if the
36 violation occurred during a probationary period ordered by the court under
37 this subsection or section 23-212, subsection F for that employer's business
38 location.
39 G. The attorney general shall maintain copies of court orders that are
40 received pursuant to subsection F of this section and shall maintain a
41 database of the employers and business locations that have a first violation
42 of subsection A of this section and make the court orders available on the
43 attorney general's website.
44 H. On determining whether an employee is an unauthorized alien, the
45 court shall consider only the federal government's determination pursuant to
S.B. 1070
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1 8 United States Code section 1373(c). The federal government's determination
2 creates a rebuttable presumption of the employee's lawful status. The court
3 may take judicial notice of the federal government's determination and may
4 request the federal government to provide automated or testimonial
5 verification pursuant to 8 United States Code section 1373(c).
6 I. For the purposes of this section, proof of verifying the employment
7 authorization of an employee through the e-verify program creates a
8 rebuttable presumption that an employer did not intentionally employ an
9 unauthorized alien.
10 J. For the purposes of this section, an employer that establishes that
11 it has complied in good faith with the requirements of 8 United States Code
12 section 1324a(b) establishes an affirmative defense that the employer did not
13 intentionally employ an unauthorized alien. An employer is considered to
14 have complied with the requirements of 8 United States Code section 1324a(b),
15 notwithstanding an isolated, sporadic or accidental technical or procedural
16 failure to meet the requirements, if there is a good faith attempt to comply
17 with the requirements.
18 K. IT IS AN AFFIRMATIVE DEFENSE TO A VIOLATION OF SUBSECTION A OF THIS
19 SECTION THAT THE EMPLOYER WAS ENTRAPPED. TO CLAIM ENTRAPMENT, THE EMPLOYER
20 MUST ADMIT BY THE EMPLOYER'S TESTIMONY OR OTHER EVIDENCE THE SUBSTANTIAL
21 ELEMENTS OF THE VIOLATION. AN EMPLOYER WHO ASSERTS AN ENTRAPMENT DEFENSE HAS
22 THE BURDEN OF PROVING THE FOLLOWING BY CLEAR AND CONVINCING EVIDENCE:
23 1. THE IDEA OF COMMITTING THE VIOLATION STARTED WITH LAW ENFORCEMENT
24 OFFICERS OR THEIR AGENTS RATHER THAN WITH THE EMPLOYER.
25 2. THE LAW ENFORCEMENT OFFICERS OR THEIR AGENTS URGED AND INDUCED THE
26 EMPLOYER TO COMMIT THE VIOLATION.
27 3. THE EMPLOYER WAS NOT PREDISPOSED TO COMMIT THE VIOLATION BEFORE THE
28 LAW ENFORCEMENT OFFICERS OR THEIR AGENTS URGED AND INDUCED THE EMPLOYER TO
29 COMMIT THE VIOLATION.
30 L. AN EMPLOYER DOES NOT ESTABLISH ENTRAPMENT IF THE EMPLOYER WAS
31 PREDISPOSED TO VIOLATE SUBSECTION A OF THIS SECTION AND THE LAW ENFORCEMENT
32 OFFICERS OR THEIR AGENTS MERELY PROVIDED THE EMPLOYER WITH AN OPPORTUNITY TO
33 COMMIT THE VIOLATION. IT IS NOT ENTRAPMENT FOR LAW ENFORCEMENT OFFICERS OR
34 THEIR AGENTS MERELY TO USE A RUSE OR TO CONCEAL THEIR IDENTITY. THE CONDUCT
35 OF LAW ENFORCEMENT OFFICERS AND THEIR AGENTS MAY BE CONSIDERED IN DETERMINING
36 IF AN EMPLOYER HAS PROVEN ENTRAPMENT.
37 Sec. 8. Section 23-214, Arizona Revised Statutes, is amended to read:
38 23-214. Verification of employment eligibility; e-verify
39 program; economic development incentives; list of
40 registered employers
41 A. After December 31, 2007, every employer, after hiring an employee,
42 shall verify the employment eligibility of the employee through the e-verify
43 program AND SHALL KEEP A RECORD OF THE VERIFICATION FOR THE DURATION OF THE
44 EMPLOYEE'S EMPLOYMENT OR AT LEAST THREE YEARS, WHICHEVER IS LONGER.
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1 B. In addition to any other requirement for an employer to receive an
2 economic development incentive from a government entity, the employer shall
3 register with and participate in the e-verify program. Before receiving the
4 economic development incentive, the employer shall provide proof to the
5 government entity that the employer is registered with and is participating
6 in the e-verify program. If the government entity determines that the
7 employer is not complying with this subsection, the government entity shall
8 notify the employer by certified mail of the government entity's
9 determination of noncompliance and the employer's right to appeal the
10 determination. On a final determination of noncompliance, the employer shall
11 repay all monies received as an economic development incentive to the
12 government entity within thirty days of the final determination. For the
13 purposes of this subsection:
14 1. "Economic development incentive" means any grant, loan or
15 performance-based incentive from any government entity that is awarded after
16 September 30, 2008. Economic development incentive does not include any tax
17 provision under title 42 or 43.
18 2. "Government entity" means this state and any political subdivision
19 of this state that receives and uses tax revenues.
20 C. Every three months the attorney general shall request from the
21 United States department of homeland security a list of employers from this
22 state that are registered with the e-verify program. On receipt of the list
23 of employers, the attorney general shall make the list available on the
24 attorney general's website.
25 Sec. 9. Section 28-3511, Arizona Revised Statutes, is amended to read:
26 28-3511. Removal and immobilization or impoundment of vehicle
27 A. A peace officer shall cause the removal and either immobilization
28 or impoundment of a vehicle if the peace officer determines that a person is
29 driving the vehicle while any of the following applies:
30 1. The person's driving privilege is suspended or revoked for any
31 reason.
32 2. The person has not ever been issued a valid driver license or
33 permit by this state and the person does not produce evidence of ever having
34 a valid driver license or permit issued by another jurisdiction. This
35 paragraph does not apply to the operation of an implement of husbandry.
36 3. The person is subject to an ignition interlock device requirement
37 pursuant to chapter 4 of this title and the person is operating a vehicle
38 without a functioning certified ignition interlock device. This paragraph
39 does not apply to a person operating an employer's vehicle or the operation
40 of a vehicle due to a substantial emergency as defined in section 28-1464.
41 4. THE PERSON IS IN VIOLATION OF A CRIMINAL OFFENSE AND IS
42 TRANSPORTING, MOVING, CONCEALING, HARBORING OR SHIELDING OR ATTEMPTING TO
43 TRANSPORT, MOVE, CONCEAL, HARBOR OR SHIELD AN ALIEN IN THIS STATE IN A
44 VEHICLE IF THE PERSON KNOWS OR RECKLESSLY DISREGARDS THE FACT THAT THE ALIEN
45 HAS COME TO, HAS ENTERED OR REMAINS IN THE UNITED STATES IN VIOLATION OF LAW.
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1 B. A peace officer shall cause the removal and impoundment of a
2 vehicle if the peace officer determines that a person is driving the vehicle
3 and if all of the following apply:
4 1. The person's driving privilege is canceled, suspended or revoked
5 for any reason or the person has not ever been issued a driver license or
6 permit by this state and the person does not produce evidence of ever having
7 a driver license or permit issued by another jurisdiction.
8 2. The person is not in compliance with the financial responsibility
9 requirements of chapter 9, article 4 of this title.
10 3. The person is driving a vehicle that is involved in an accident
11 that results in either property damage or injury to or death of another
12 person.
13 C. Except as provided in subsection D of this section, while a peace
14 officer has control of the vehicle the peace officer shall cause the removal
15 and either immobilization or impoundment of the vehicle if the peace officer
16 has probable cause to arrest the driver of the vehicle for a violation of
17 section 4-244, paragraph 34 or section 28-1382 or 28-1383.
18 D. A peace officer shall not cause the removal and either the
19 immobilization or impoundment of a vehicle pursuant to subsection C of this
20 section if all of the following apply:
21 1. The peace officer determines that the vehicle is currently
22 registered and that the driver or the vehicle is in compliance with the
23 financial responsibility requirements of chapter 9, article 4 of this title.
24 2. The spouse of the driver is with the driver at the time of the
25 arrest.
26 3. The peace officer has reasonable grounds to believe that the spouse
27 of the driver:
28 (a) Has a valid driver license.
29 (b) Is not impaired by intoxicating liquor, any drug, a vapor
30 releasing substance containing a toxic substance or any combination of
31 liquor, drugs or vapor releasing substances.
32 (c) Does not have any spirituous liquor in the spouse's body if the
33 spouse is under twenty-one years of age.
34 4. The spouse notifies the peace officer that the spouse will drive
35 the vehicle from the place of arrest to the driver's home or other place of
36 safety.
37 5. The spouse drives the vehicle as prescribed by paragraph 4 of this
38 subsection.
39 E. Except as otherwise provided in this article, a vehicle that is
40 removed and either immobilized or impounded pursuant to subsection A, B or C
41 of this section shall be immobilized or impounded for thirty days. An
42 insurance company does not have a duty to pay any benefits for charges or
43 fees for immobilization or impoundment.
44 F. The owner of a vehicle that is removed and either immobilized or
45 impounded pursuant to subsection A, B or C of this section, the spouse of the
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1 owner and each person identified on the department's record with an interest
2 in the vehicle shall be provided with an opportunity for an immobilization or
3 poststorage hearing pursuant to section 28-3514.
4 Sec. 10. Title 41, chapter 12, article 2, Arizona Revised Statutes, is
5 amended by adding section 41-1724, to read:
6 41-1724. Gang and immigration intelligence team enforcement
7 mission fund
8 THE GANG AND IMMIGRATION INTELLIGENCE TEAM ENFORCEMENT MISSION FUND IS
9 ESTABLISHED CONSISTING OF MONIES DEPOSITED PURSUANT TO SECTION 11-1051 AND
10 MONIES APPROPRIATED BY THE LEGISLATURE. THE DEPARTMENT SHALL ADMINISTER THE
11 FUND. MONIES IN THE FUND ARE SUBJECT TO LEGISLATIVE APPROPRIATION AND SHALL
12 BE USED FOR GANG AND IMMIGRATION ENFORCEMENT AND FOR COUNTY JAIL
13 REIMBURSEMENT COSTS RELATING TO ILLEGAL IMMIGRATION.
14 Sec. 11. Severability, implementation and construction
15 A. If a provision of this act or its application to any person or
16 circumstance is held invalid, the invalidity does not affect other provisions
17 or applications of the act that can be given effect without the invalid
18 provision or application, and to this end the provisions of this act are
19 severable.
20 B. The terms of this act regarding immigration shall be construed to
21 have the meanings given to them under federal immigration law.
22 C. This act shall be implemented in a manner consistent with federal
23 laws regulating immigration, protecting the civil rights of all persons and
24 respecting the privileges and immunities of United States citizens.
25 Sec. 12. Short title
26 This act may be cited as the "Support Our Law Enforcement and Safe
27 Neighborhoods Act".
This is the fact sheet about the Arizona Immigration Law, from the Center for Immigration Studies, a non-partisan group. Quoted from rense.com:
Fact Sheet On New Arizona Immigration Law
Center For Immigration Studies
4-30-10
WASHINGTON - The new law recently signed by the governor of Arizona, SB 1070, makes it a state crime to violate some federal immigration statutes. While the law is extremely popular in the state, with 70 percent of Arizona voters approving of it and just 23 percent opposed, it has raised controversy. Below is a brief summary of the relevant information on illegal immigration in Arizona, followed by a short analysis of SB 1070's major provisions.
Illegal Immigration In Arizona
The federal government estimated that Arizona had one of the fastest growing illegal immigrant populations in the country, increasing from 330,000 in 2000 to 560,000 by 2008.<#1>1
Arizona has adopted other laws to deter the settlement of illegal immigrants in the state in recent years. The federal government estimates that the illegal immigrant population dropped by 18 percent in the state from 2008 to 2009, compared to a 7 percent drop for the nation as a whole.<#2>2 This may be evidence that the state enforcement efforts are having an impact.
The Maricopa County Attorney's Office has found that 22 percent of felonies in the county are committed by illegal immigrants.<#3>3 Illegal immigrants are estimated to be 10 percent of the county's adult population.<#4>4
Analysis of data from State Criminal Alien Assistance Program showed that illegal immigrants were 11 percent of the state's prison population. Illegal immigrants were estimated to be 8 percent of state's adult population at the time of the analysis.<#5>5
Approximately 17 percent of those arrested by the Border Patrol in its Tucson Sector have criminal records in the United States.<#6>6
The issue of illegal immigration and crime is very difficult to measure, and while in Arizona there is evidence that illegal immigrants are committing a disproportionate share of crime, it is not clear this is the case nationally.<#7>7
In 2007, the Center for Immigration Studies estimated that 12 percent of workers in the Arizona are illegal immigrants.<#8>8
In 2007, the Center estimated that illegal immigrants and their U.S.-born children (under 18) comprise one-fifth of those in the state living in poverty, one-third of those without health insurance, and one out of six students in the state's schools.<#9>9
In 2007, the Center estimated that one-third of households headed by illegal immigrants in Arizona used at least one major welfare program, primarily food-assistance programs or Medicaid. Benefits were typically received on behalf of U.S.-born children.<#10>10
The new law (SB 1070) is extremely popular among Arizona voters. A Rasmussen poll found that 70 percent of voters approve of the new bill, and just 23 percent oppose it.<#11>11
Among the new law's provisions:
The new Arizona law mirrors federal law, which already requires aliens (non-citizens) to register and carry their documents with them (8 USC 1304(e) and 8 USC 1306(a)). The new Arizona law simply states that violating federal immigration law is now a state crime as well. Because illegal immigrants are by definition in violation of federal immigration laws, they can now be arrested by local law enforcement in Arizona.
The law is designed to avoid the legal pitfall of "pre-emption," which means a state can't adopt laws that conflict with federal laws. By making what is a federal violation also a state violation, the Arizona law avoids this problem.
The law only allows police to ask about immigration status in the normal course of "lawful contact" with a person, such as a traffic stop or if they have committed a crime.
Estimates from the federal government indicate that more than 80 percent of illegal immigrants come from Latin America.<#12>12 Thus, there is concern that police may target only Hispanics for enforcement.
Before asking a person about immigration status, law enforcement officials are required by the law to have "reasonable suspicion" that a person is an illegal immigrant. The concept of "reasonable suspicion" is well established by court rulings. Since Arizona does not issue driver's licenses to illegal immigrants, having a valid license creates a presumption of legal status. Examples of reasonable suspicion include:
A driver stopped for a traffic violation has no license, or record of a driver's license or other form of federal or state identification.
A police officer observes someone buying fraudulent identity documents or crossing the border illegally.
A police officer recognizes a gang member back on the street who he knows has been previously deported by the federal government.
The law specifically states that police, "may not solely consider race, color or national origin" when implementing SB 1070.
When Arizona's governor signed the new law, she also issued an executive order requiring the Arizona Peace Officer Standards and Training Board to provide local police with additional training on what does and what does not constitute "reasonable suspicion."<#13>13
# # #
The Center for Immigration Studies is an independent non-partisan research institution that examines the impact of immigration on the United States. It is not involved in drafting legislation and has not formally endorsed or opposed SB 1070.
Endnotes
1 See Table 4 "Estimates of the Unauthorized Immigrant Population Residing in the United States: January 2008," http://www.dhs.gov/xlibrary/assets/statistics/publications/ois_ill_pe_2008.pdf.
2 See 'Estimates of the Unauthorized Immigrant Population Residing in the United States: January 2009," Table 4, http://www.dhs.gov/xlibrary/assets/statistics/publications/ois_ill_pe_2009.pdf See also Table 4 "Estimates of the Unauthorized Immigrant Population Residing in the United States: January 2008," http://www.dhs.gov/xlibrary/assets/statistics/publications/ois_ill_pe_2008.pdf.
3 The Maricopa County Attorney's office report is at: http://www.mcaodocuments.com/press/20081002_a-whitepaper.pdf.
4 See Table 3 in "Immigration and Crime: Assessing a Conflicted Issue," http://www.cis.org/ImmigrantCrime.
5 See Table 6 in "Immigration and Crime: Assessing a Conflicted Issue," http://www.cis.org/ImmigrantCrime.
6 See "The Krentz Bonfire: Will the murder of a respected Cochise County rancher change anything on our border?" Tucson Weekly, April 29, 2010, http://www.tucsonweekly.com/tucson/the-krentz-bonfire/Content?oid=1945848.
7 The Center for Immigration Studies has conducted a detailed review of the literature and data available on crime. Nationally it is very difficult to come to a clear conclusion about crime rates among immigrants. The report, "Immigration and Crime: Assessing a Conflicted Issue," is at: http://www.cis.org/ImmigrantCrime.
8 See Tables 21 in "Immigrants in the United States, 2007: A Profile of America's Foreign-Born Population," http://www.cis.org/immigrants_profile_2007.
9 See Tables 23, 24, and 26 in "Immigrants in the United States, 2007: A Profile of America's Foreign-Born Population," http://www.cis.org/immigrants_profile_2007.
10 See Tables 25 in "Immigrants in the United States, 2007: A Profile of America's Foreign-Born Population," http://www.cis.org/immigrants_profile_2007.
11 Rasmussen poll released April 21, 2010, of likely voters in Arizona, http://www.rasmussenreports.com/public_content/politics/elections2/election_2010/election_
2010_senate_elections/arizona/70_of_arizona_voters_favor_new_
state_measure_cracking_down_on_illegal_immigration.
12 See 'Estimates of the Unauthorized Immigrant Population Residing in the United States: January 2009," Figure 2, http://www.dhs.gov/xlibrary/assets/statistics/publications/ois_ill_pe_2009.pdf.
13 See http://www.azpost.state.az.us/bulletins/eo201009.pdf.
Contact Mark Krikorian, (202) 466-8185, msk@cis.org
- i -
Senate Engrossed
State of Arizona
Senate
Forty-ninth Legislature
Second Regular Session
2010
SENATE BILL 1070
AN ACT
AMENDING TITLE 11, CHAPTER 7, ARIZONA REVISED STATUTES, BY ADDING ARTICLE 8;
AMENDING TITLE 13, CHAPTER 15, ARIZONA REVISED STATUTES, BY ADDING SECTION
13-1509; AMENDING SECTION 13-2319, ARIZONA REVISED STATUTES; AMENDING TITLE
13, CHAPTER 29, ARIZONA REVISED STATUTES, BY ADDING SECTIONS 13-2928 AND
13-2929; AMENDING SECTIONS 23-212, 23-212.01, 23-214 AND 28-3511, ARIZONA
REVISED STATUTES; AMENDING TITLE 41, CHAPTER 12, ARTICLE 2, ARIZONA REVISED
STATUTES, BY ADDING SECTION 41-1724; RELATING TO UNLAWFULLY PRESENT ALIENS.
(TEXT OF BILL BEGINS ON NEXT PAGE)
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1 Be it enacted by the Legislature of the State of Arizona:
2 Section 1. Intent
3 The legislature finds that there is a compelling interest in the
4 cooperative enforcement of federal immigration laws throughout all of
5 Arizona. The legislature declares that the intent of this act is to make
6 attrition through enforcement the public policy of all state and local
7 government agencies in Arizona. The provisions of this act are intended to
8 work together to discourage and deter the unlawful entry and presence of
9 aliens and economic activity by persons unlawfully present in the United
10 States.
11 Sec. 2. Title 11, chapter 7, Arizona Revised Statutes, is amended by
12 adding article 8, to read:
13 ARTICLE 8. ENFORCEMENT OF IMMIGRATION LAWS
14 11-1051. Cooperation and assistance in enforcement of
15 immigration laws; indemnification
16 A. NO OFFICIAL OR AGENCY OF THIS STATE OR A COUNTY, CITY, TOWN OR
17 OTHER POLITICAL SUBDIVISION OF THIS STATE MAY ADOPT A POLICY THAT LIMITS OR
18 RESTRICTS THE ENFORCEMENT OF FEDERAL IMMIGRATION LAWS TO LESS THAN THE FULL
19 EXTENT PERMITTED BY FEDERAL LAW.
20 B. FOR ANY LAWFUL CONTACT MADE BY A LAW ENFORCEMENT OFFICIAL OR AGENCY
21 OF THIS STATE OR A COUNTY, CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS
22 STATE WHERE REASONABLE SUSPICION EXISTS THAT THE PERSON IS AN ALIEN WHO IS
23 UNLAWFULLY PRESENT IN THE UNITED STATES, A REASONABLE ATTEMPT SHALL BE MADE,
24 WHEN PRACTICABLE, TO DETERMINE THE IMMIGRATION STATUS OF THE PERSON. THE
25 PERSON'S IMMIGRATION STATUS SHALL BE VERIFIED WITH THE FEDERAL GOVERNMENT
26 PURSUANT TO 8 UNITED STATES CODE SECTION 1373(c).
27 C. IF AN ALIEN WHO IS UNLAWFULLY PRESENT IN THE UNITED STATES IS
28 CONVICTED OF A VIOLATION OF STATE OR LOCAL LAW, ON DISCHARGE FROM
29 IMPRISONMENT OR ASSESSMENT OF ANY FINE THAT IS IMPOSED, THE ALIEN SHALL BE
30 TRANSFERRED IMMEDIATELY TO THE CUSTODY OF THE UNITED STATES IMMIGRATION AND
31 CUSTOMS ENFORCEMENT OR THE UNITED STATES CUSTOMS AND BORDER PROTECTION.
32 D. NOTWITHSTANDING ANY OTHER LAW, A LAW ENFORCEMENT AGENCY MAY
33 SECURELY TRANSPORT AN ALIEN WHO IS UNLAWFULLY PRESENT IN THE UNITED STATES
34 AND WHO IS IN THE AGENCY'S CUSTODY TO A FEDERAL FACILITY IN THIS STATE OR TO
35 ANY OTHER POINT OF TRANSFER INTO FEDERAL CUSTODY THAT IS OUTSIDE THE
36 JURISDICTION OF THE LAW ENFORCEMENT AGENCY.
37 E. A LAW ENFORCEMENT OFFICER, WITHOUT A WARRANT, MAY ARREST A PERSON
38 IF THE OFFICER HAS PROBABLE CAUSE TO BELIEVE THAT THE PERSON HAS COMMITTED
39 ANY PUBLIC OFFENSE THAT MAKES THE PERSON REMOVABLE FROM THE UNITED STATES.
40 F. EXCEPT AS PROVIDED IN FEDERAL LAW, OFFICIALS OR AGENCIES OF THIS
41 STATE AND COUNTIES, CITIES, TOWNS AND OTHER POLITICAL SUBDIVISIONS OF THIS
42 STATE MAY NOT BE PROHIBITED OR IN ANY WAY BE RESTRICTED FROM SENDING,
43 RECEIVING OR MAINTAINING INFORMATION RELATING TO THE IMMIGRATION STATUS OF
44 ANY INDIVIDUAL OR EXCHANGING THAT INFORMATION WITH ANY OTHER FEDERAL, STATE
45 OR LOCAL GOVERNMENTAL ENTITY FOR THE FOLLOWING OFFICIAL PURPOSES:
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1 1. DETERMINING ELIGIBILITY FOR ANY PUBLIC BENEFIT, SERVICE OR LICENSE
2 PROVIDED BY ANY FEDERAL, STATE, LOCAL OR OTHER POLITICAL SUBDIVISION OF THIS
3 STATE.
4 2. VERIFYING ANY CLAIM OF RESIDENCE OR DOMICILE IF DETERMINATION OF
5 RESIDENCE OR DOMICILE IS REQUIRED UNDER THE LAWS OF THIS STATE OR A JUDICIAL
6 ORDER ISSUED PURSUANT TO A CIVIL OR CRIMINAL PROCEEDING IN THIS STATE.
7 3. CONFIRMING THE IDENTITY OF ANY PERSON WHO IS DETAINED.
8 4. IF THE PERSON IS AN ALIEN, DETERMINING WHETHER THE PERSON IS IN
9 COMPLIANCE WITH THE FEDERAL REGISTRATION LAWS PRESCRIBED BY TITLE II, CHAPTER
10 7 OF THE FEDERAL IMMIGRATION AND NATIONALITY ACT.
11 G. A PERSON MAY BRING AN ACTION IN SUPERIOR COURT TO CHALLENGE ANY
12 OFFICIAL OR AGENCY OF THIS STATE OR A COUNTY, CITY, TOWN OR OTHER POLITICAL
13 SUBDIVISION OF THIS STATE THAT ADOPTS OR IMPLEMENTS A POLICY THAT LIMITS OR
14 RESTRICTS THE ENFORCEMENT OF FEDERAL IMMIGRATION LAWS TO LESS THAN THE FULL
15 EXTENT PERMITTED BY FEDERAL LAW. IF THERE IS A JUDICIAL FINDING THAT AN
16 ENTITY HAS VIOLATED THIS SECTION, THE COURT SHALL ORDER ANY OF THE FOLLOWING:
17 1. THAT THE PERSON WHO BROUGHT THE ACTION RECOVER COURT COSTS AND
18 ATTORNEY FEES.
19 2. THAT THE ENTITY PAY A CIVIL PENALTY OF NOT LESS THAN ONE THOUSAND
20 DOLLARS AND NOT MORE THAN FIVE THOUSAND DOLLARS FOR EACH DAY THAT THE POLICY
21 HAS REMAINED IN EFFECT AFTER THE FILING OF AN ACTION PURSUANT TO THIS
22 SUBSECTION.
23 H. A COURT SHALL COLLECT THE CIVIL PENALTY PRESCRIBED IN SUBSECTION G
24 AND REMIT THE CIVIL PENALTY TO THE DEPARTMENT OF PUBLIC SAFETY FOR DEPOSIT IN
25 THE GANG AND IMMIGRATION INTELLIGENCE TEAM ENFORCEMENT MISSION FUND
26 ESTABLISHED BY SECTION 41-1724.
27 I. A LAW ENFORCEMENT OFFICER IS INDEMNIFIED BY THE LAW ENFORCEMENT
28 OFFICER'S AGENCY AGAINST REASONABLE COSTS AND EXPENSES, INCLUDING ATTORNEY
29 FEES, INCURRED BY THE OFFICER IN CONNECTION WITH ANY ACTION, SUIT OR
30 PROCEEDING BROUGHT PURSUANT TO THIS SECTION TO WHICH THE OFFICER MAY BE A
31 PARTY BY REASON OF THE OFFICER BEING OR HAVING BEEN A MEMBER OF THE LAW
32 ENFORCEMENT AGENCY, EXCEPT IN RELATION TO MATTERS IN WHICH THE OFFICER IS
33 ADJUDGED TO HAVE ACTED IN BAD FAITH.
34 J. THIS SECTION SHALL BE IMPLEMENTED IN A MANNER CONSISTENT WITH
35 FEDERAL LAWS REGULATING IMMIGRATION, PROTECTING THE CIVIL RIGHTS OF ALL
36 PERSONS AND RESPECTING THE PRIVILEGES AND IMMUNITIES OF UNITED STATES
37 CITIZENS.
38 Sec. 3. Title 13, chapter 15, Arizona Revised Statutes, is amended by
39 adding section 13-1509, to read:
40 13-1509. Trespassing by illegal aliens; assessment; exception;
41 classification
42 A. IN ADDITION TO ANY VIOLATION OF FEDERAL LAW, A PERSON IS GUILTY OF
43 TRESPASSING IF THE PERSON IS BOTH:
44 1. PRESENT ON ANY PUBLIC OR PRIVATE LAND IN THIS STATE.
45 2. IN VIOLATION OF 8 UNITED STATES CODE SECTION 1304(e) OR 1306(a).
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1 B. IN THE ENFORCEMENT OF THIS SECTION, THE FINAL DETERMINATION OF AN
2 ALIEN'S IMMIGRATION STATUS SHALL BE DETERMINED BY EITHER:
3 1. A LAW ENFORCEMENT OFFICER WHO IS AUTHORIZED BY THE FEDERAL
4 GOVERNMENT TO VERIFY OR ASCERTAIN AN ALIEN'S IMMIGRATION STATUS.
5 2. A LAW ENFORCEMENT OFFICER OR AGENCY COMMUNICATING WITH THE UNITED
6 STATES IMMIGRATION AND CUSTOMS ENFORCEMENT OR THE UNITED STATES BORDER
7 PROTECTION PURSUANT TO 8 UNITED STATES CODE SECTION 1373(c).
8 C. A PERSON WHO IS SENTENCED PURSUANT TO THIS SECTION IS NOT ELIGIBLE
9 FOR SUSPENSION OR COMMUTATION OF SENTENCE OR RELEASE ON ANY BASIS UNTIL THE
10 SENTENCE IMPOSED IS SERVED.
11 D. IN ADDITION TO ANY OTHER PENALTY PRESCRIBED BY LAW, THE COURT SHALL
12 ORDER THE PERSON TO PAY JAIL COSTS AND AN ADDITIONAL ASSESSMENT IN THE
13 FOLLOWING AMOUNTS:
14 1. AT LEAST FIVE HUNDRED DOLLARS FOR A FIRST VIOLATION.
15 2. TWICE THE AMOUNT SPECIFIED IN PARAGRAPH 1 OF THIS SUBSECTION IF THE
16 PERSON WAS PREVIOUSLY SUBJECT TO AN ASSESSMENT PURSUANT TO THIS SUBSECTION.
17 E. A COURT SHALL COLLECT THE ASSESSMENTS PRESCRIBED IN SUBSECTION D OF
18 THIS SECTION AND REMIT THE ASSESSMENTS TO THE DEPARTMENT OF PUBLIC SAFETY,
19 WHICH SHALL ESTABLISH A SPECIAL SUBACCOUNT FOR THE MONIES IN THE ACCOUNT
20 ESTABLISHED FOR THE GANG AND IMMIGRATION INTELLIGENCE TEAM ENFORCEMENT
21 MISSION APPROPRIATION. MONIES IN THE SPECIAL SUBACCOUNT ARE SUBJECT TO
22 LEGISLATIVE APPROPRIATION FOR DISTRIBUTION FOR GANG AND IMMIGRATION
23 ENFORCEMENT AND FOR COUNTY JAIL REIMBURSEMENT COSTS RELATING TO ILLEGAL
24 IMMIGRATION.
25 F. THIS SECTION DOES NOT APPLY TO A PERSON WHO MAINTAINS AUTHORIZATION
26 FROM THE FEDERAL GOVERNMENT TO REMAIN IN THE UNITED STATES.
27 G. A VIOLATION OF THIS SECTION IS A CLASS 1 MISDEMEANOR, EXCEPT THAT A
28 VIOLATION OF THIS SECTION IS:
29 1. A CLASS 3 FELONY IF THE PERSON VIOLATES THIS SECTION WHILE IN
30 POSSESSION OF ANY OF THE FOLLOWING:
31 (a) A DANGEROUS DRUG AS DEFINED IN SECTION 13-3401.
32 (b) PRECURSOR CHEMICALS THAT ARE USED IN THE MANUFACTURING OF
33 METHAMPHETAMINE IN VIOLATION OF SECTION 13-3404.01.
34 (c) A DEADLY WEAPON OR A DANGEROUS INSTRUMENT, AS DEFINED IN SECTION
35 13-105.
36 (d) PROPERTY THAT IS USED FOR THE PURPOSE OF COMMITTING AN ACT OF
37 TERRORISM AS PRESCRIBED IN SECTION 13-2308.01.
38 2. A CLASS 4 FELONY IF THE PERSON EITHER:
39 (a) IS CONVICTED OF A SECOND OR SUBSEQUENT VIOLATION OF THIS SECTION.
40 (b) WITHIN SIXTY MONTHS BEFORE THE VIOLATION, HAS BEEN REMOVED FROM
41 THE UNITED STATES PURSUANT TO 8 UNITED STATES CODE SECTION 1229a OR HAS
42 ACCEPTED A VOLUNTARY REMOVAL FROM THE UNITED STATES PURSUANT TO 8 UNITED
43 STATES CODE SECTION 1229c.
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1 Sec. 4. Section 13-2319, Arizona Revised Statutes, is amended to read:
2 13-2319. Smuggling; classification; definitions
3 A. It is unlawful for a person to intentionally engage in the
4 smuggling of human beings for profit or commercial purpose.
5 B. A violation of this section is a class 4 felony.
6 C. Notwithstanding subsection B of this section, a violation of this
7 section:
8 1. Is a class 2 felony if the human being who is smuggled is under
9 eighteen years of age and is not accompanied by a family member over eighteen
10 years of age or the offense involved the use of a deadly weapon or dangerous
11 instrument.
12 2. Is a class 3 felony if the offense involves the use or threatened
13 use of deadly physical force and the person is not eligible for suspension of
14 sentence, probation, pardon or release from confinement on any other basis
15 except pursuant to section 31-233, subsection A or B until the sentence
16 imposed by the court is served, the person is eligible for release pursuant
17 to section 41-1604.07 or the sentence is commuted.
18 D. Chapter 10 of this title does not apply to a violation of
19 subsection C, paragraph 1 of this section.
20 E. NOTWITHSTANDING ANY OTHER LAW, A PEACE OFFICER MAY LAWFULLY STOP
21 ANY PERSON WHO IS OPERATING A MOTOR VEHICLE IF THE OFFICER HAS REASONABLE
22 SUSPICION TO BELIEVE THE PERSON IS IN VIOLATION OF ANY CIVIL TRAFFIC LAW AND
23 THIS SECTION.
24 E. F. For the purposes of this section:
25 1. "Family member" means the person's parent, grandparent, sibling or
26 any other person who is related to the person by consanguinity or affinity to
27 the second degree.
28 2. "Procurement of transportation" means any participation in or
29 facilitation of transportation and includes:
30 (a) Providing services that facilitate transportation including travel
31 arrangement services or money transmission services.
32 (b) Providing property that facilitates transportation, including a
33 weapon, a vehicle or other means of transportation or false identification,
34 or selling, leasing, renting or otherwise making available a drop house as
35 defined in section 13-2322.
36 3. "Smuggling of human beings" means the transportation, procurement
37 of transportation or use of property or real property by a person or an
38 entity that knows or has reason to know that the person or persons
39 transported or to be transported are not United States citizens, permanent
40 resident aliens or persons otherwise lawfully in this state or have attempted
41 to enter, entered or remained in the United States in violation of law.
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1 Sec. 5. Title 13, chapter 29, Arizona Revised Statutes, is amended by
2 adding sections 13-2928 and 13-2929, to read:
3 13-2928. Unlawful stopping to hire and pick up passengers for
4 work; unlawful application, solicitation or
5 employment; classification; definitions
6 A. IT IS UNLAWFUL FOR AN OCCUPANT OF A MOTOR VEHICLE THAT IS STOPPED
7 ON A STREET, ROADWAY OR HIGHWAY TO ATTEMPT TO HIRE OR HIRE AND PICK UP
8 PASSENGERS FOR WORK AT A DIFFERENT LOCATION IF THE MOTOR VEHICLE BLOCKS OR
9 IMPEDES THE NORMAL MOVEMENT OF TRAFFIC.
10 B. IT IS UNLAWFUL FOR A PERSON TO ENTER A MOTOR VEHICLE THAT IS
11 STOPPED ON A STREET, ROADWAY OR HIGHWAY IN ORDER TO BE HIRED BY AN OCCUPANT
12 OF THE MOTOR VEHICLE AND TO BE TRANSPORTED TO WORK AT A DIFFERENT LOCATION IF
13 THE MOTOR VEHICLE BLOCKS OR IMPEDES THE NORMAL MOVEMENT OF TRAFFIC.
14 C. IT IS UNLAWFUL FOR A PERSON WHO IS UNLAWFULLY PRESENT IN THE UNITED
15 STATES AND WHO IS AN UNAUTHORIZED ALIEN TO KNOWINGLY APPLY FOR WORK, SOLICIT
16 WORK IN A PUBLIC PLACE OR PERFORM WORK AS AN EMPLOYEE OR INDEPENDENT
17 CONTRACTOR IN THIS STATE.
18 D. A VIOLATION OF THIS SECTION IS A CLASS 1 MISDEMEANOR.
19 E. FOR THE PURPOSES OF THIS SECTION:
20 1. "SOLICIT" MEANS VERBAL OR NONVERBAL COMMUNICATION BY A GESTURE OR A
21 NOD THAT WOULD INDICATE TO A REASONABLE PERSON THAT A PERSON IS WILLING TO BE
22 EMPLOYED.
23 2. "UNAUTHORIZED ALIEN" MEANS AN ALIEN WHO DOES NOT HAVE THE LEGAL
24 RIGHT OR AUTHORIZATION UNDER FEDERAL LAW TO WORK IN THE UNITED STATES AS
25 DESCRIBED IN 8 UNITED STATES CODE SECTION 1324a(h)(3).
26 13-2929. Unlawful transporting, moving, concealing, harboring
27 or shielding of unlawful aliens; vehicle
28 impoundment; classification
29 A. IT IS UNLAWFUL FOR A PERSON WHO IS IN VIOLATION OF A CRIMINAL
30 OFFENSE TO:
31 1. TRANSPORT OR MOVE OR ATTEMPT TO TRANSPORT OR MOVE AN ALIEN IN THIS
32 STATE IN A MEANS OF TRANSPORTATION IF THE PERSON KNOWS OR RECKLESSLY
33 DISREGARDS THE FACT THAT THE ALIEN HAS COME TO, HAS ENTERED OR REMAINS IN THE
34 UNITED STATES IN VIOLATION OF LAW.
35 2. CONCEAL, HARBOR OR SHIELD OR ATTEMPT TO CONCEAL, HARBOR OR SHIELD
36 AN ALIEN FROM DETECTION IN ANY PLACE IN THIS STATE, INCLUDING ANY BUILDING OR
37 ANY MEANS OF TRANSPORTATION, IF THE PERSON KNOWS OR RECKLESSLY DISREGARDS THE
38 FACT THAT THE ALIEN HAS COME TO, HAS ENTERED OR REMAINS IN THE UNITED STATES
39 IN VIOLATION OF LAW.
40 3. ENCOURAGE OR INDUCE AN ALIEN TO COME TO OR RESIDE IN THIS STATE IF
41 THE PERSON KNOWS OR RECKLESSLY DISREGARDS THE FACT THAT SUCH COMING TO,
42 ENTERING OR RESIDING IN THIS STATE IS OR WILL BE IN VIOLATION OF LAW.
43 B. A MEANS OF TRANSPORTATION THAT IS USED IN THE COMMISSION OF A
44 VIOLATION OF THIS SECTION IS SUBJECT TO MANDATORY VEHICLE IMMOBILIZATION OR
45 IMPOUNDMENT PURSUANT TO SECTION 28-3511.
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1 C. A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A CLASS 1
2 MISDEMEANOR AND IS SUBJECT TO A FINE OF AT LEAST ONE THOUSAND DOLLARS, EXCEPT
3 THAT A VIOLATION OF THIS SECTION THAT INVOLVES TEN OR MORE ILLEGAL ALIENS IS
4 A CLASS 6 FELONY AND THE PERSON IS SUBJECT TO A FINE OF AT LEAST ONE THOUSAND
5 DOLLARS FOR EACH ALIEN WHO IS INVOLVED.
6 Sec. 6. Section 23-212, Arizona Revised Statutes, is amended to read:
7 23-212. Knowingly employing unauthorized aliens; prohibition;
8 false and frivolous complaints; violation;
9 classification; license suspension and revocation;
10 affirmative defense
11 A. An employer shall not knowingly employ an unauthorized alien. If,
12 in the case when an employer uses a contract, subcontract or other
13 independent contractor agreement to obtain the labor of an alien in this
14 state, the employer knowingly contracts with an unauthorized alien or with a
15 person who employs or contracts with an unauthorized alien to perform the
16 labor, the employer violates this subsection.
17 B. The attorney general shall prescribe a complaint form for a person
18 to allege a violation of subsection A of this section. The complainant shall
19 not be required to list the complainant's social security number on the
20 complaint form or to have the complaint form notarized. On receipt of a
21 complaint on a prescribed complaint form that an employer allegedly knowingly
22 employs an unauthorized alien, the attorney general or county attorney shall
23 investigate whether the employer has violated subsection A of this section.
24 If a complaint is received but is not submitted on a prescribed complaint
25 form, the attorney general or county attorney may investigate whether the
26 employer has violated subsection A of this section. This subsection shall
27 not be construed to prohibit the filing of anonymous complaints that are not
28 submitted on a prescribed complaint form. The attorney general or county
29 attorney shall not investigate complaints that are based solely on race,
30 color or national origin. A complaint that is submitted to a county attorney
31 shall be submitted to the county attorney in the county in which the alleged
32 unauthorized alien is or was employed by the employer. The county sheriff or
33 any other local law enforcement agency may assist in investigating a
34 complaint. When investigating a complaint, the attorney general or county
35 attorney shall verify the work authorization of the alleged unauthorized
36 alien with the federal government pursuant to 8 United States Code section
37 1373(c). A state, county or local official shall not attempt to
38 independently make a final determination on whether an alien is authorized to
39 work in the United States. An alien's immigration status or work
40 authorization status shall be verified with the federal government pursuant
41 to 8 United States Code section 1373(c). A person who knowingly files a
42 false and frivolous complaint under this subsection is guilty of a class 3
43 misdemeanor.
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1 C. If, after an investigation, the attorney general or county attorney
2 determines that the complaint is not false and frivolous:
3 1. The attorney general or county attorney shall notify the United
4 States immigration and customs enforcement of the unauthorized alien.
5 2. The attorney general or county attorney shall notify the local law
6 enforcement agency of the unauthorized alien.
7 3. The attorney general shall notify the appropriate county attorney
8 to bring an action pursuant to subsection D of this section if the complaint
9 was originally filed with the attorney general.
10 D. An action for a violation of subsection A of this section shall be
11 brought against the employer by the county attorney in the county where the
12 unauthorized alien employee is or was employed by the employer. The county
13 attorney shall not bring an action against any employer for any violation of
14 subsection A of this section that occurs before January 1, 2008. A second
15 violation of this section shall be based only on an unauthorized alien who is
16 or was employed by the employer after an action has been brought for a
17 violation of subsection A of this section or section 23-212.01, subsection A.
18 E. For any action in superior court under this section, the court
19 shall expedite the action, including assigning the hearing at the earliest
20 practicable date.
21 F. On a finding of a violation of subsection A of this section:
22 1. For a first violation, as described in paragraph 3 of this
23 subsection, the court:
24 (a) Shall order the employer to terminate the employment of all
25 unauthorized aliens.
26 (b) Shall order the employer to be subject to a three year
27 probationary period for the business location where the unauthorized alien
28 performed work. During the probationary period the employer shall file
29 quarterly reports in the form provided in section 23-722.01 with the county
30 attorney of each new employee who is hired by the employer at the business
31 location where the unauthorized alien performed work.
32 (c) Shall order the employer to file a signed sworn affidavit with the
33 county attorney within three business days after the order is issued. The
34 affidavit shall state that the employer has terminated the employment of all
35 unauthorized aliens in this state and that the employer will not
36 intentionally or knowingly employ an unauthorized alien in this state. The
37 court shall order the appropriate agencies to suspend all licenses subject to
38 this subdivision that are held by the employer if the employer fails to file
39 a signed sworn affidavit with the county attorney within three business days
40 after the order is issued. All licenses that are suspended under this
41 subdivision shall remain suspended until the employer files a signed sworn
42 affidavit with the county attorney. Notwithstanding any other law, on filing
43 of the affidavit the suspended licenses shall be reinstated immediately by
44 the appropriate agencies. For the purposes of this subdivision, the licenses
45 that are subject to suspension under this subdivision are all licenses that
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1 are held by the employer specific to the business location where the
2 unauthorized alien performed work. If the employer does not hold a license
3 specific to the business location where the unauthorized alien performed
4 work, but a license is necessary to operate the employer's business in
5 general, the licenses that are subject to suspension under this subdivision
6 are all licenses that are held by the employer at the employer's primary
7 place of business. On receipt of the court's order and notwithstanding any
8 other law, the appropriate agencies shall suspend the licenses according to
9 the court's order. The court shall send a copy of the court's order to the
10 attorney general and the attorney general shall maintain the copy pursuant to
11 subsection G of this section.
12 (d) May order the appropriate agencies to suspend all licenses
13 described in subdivision (c) of this paragraph that are held by the employer
14 for not to exceed ten business days. The court shall base its decision to
15 suspend under this subdivision on any evidence or information submitted to it
16 during the action for a violation of this subsection and shall consider the
17 following factors, if relevant:
18 (i) The number of unauthorized aliens employed by the employer.
19 (ii) Any prior misconduct by the employer.
20 (iii) The degree of harm resulting from the violation.
21 (iv) Whether the employer made good faith efforts to comply with any
22 applicable requirements.
23 (v) The duration of the violation.
24 (vi) The role of the directors, officers or principals of the employer
25 in the violation.
26 (vii) Any other factors the court deems appropriate.
27 2. For a second violation, as described in paragraph 3 of this
28 subsection, the court shall order the appropriate agencies to permanently
29 revoke all licenses that are held by the employer specific to the business
30 location where the unauthorized alien performed work. If the employer does
31 not hold a license specific to the business location where the unauthorized
32 alien performed work, but a license is necessary to operate the employer's
33 business in general, the court shall order the appropriate agencies to
34 permanently revoke all licenses that are held by the employer at the
35 employer's primary place of business. On receipt of the order and
36 notwithstanding any other law, the appropriate agencies shall immediately
37 revoke the licenses.
38 3. The violation shall be considered:
39 (a) A first violation by an employer at a business location if the
40 violation did not occur during a probationary period ordered by the court
41 under this subsection or section 23-212.01, subsection F for that employer's
42 business location.
43 (b) A second violation by an employer at a business location if the
44 violation occurred during a probationary period ordered by the court under
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1 this subsection or section 23-212.01, subsection F for that employer's
2 business location.
3 G. The attorney general shall maintain copies of court orders that are
4 received pursuant to subsection F of this section and shall maintain a
5 database of the employers and business locations that have a first violation
6 of subsection A of this section and make the court orders available on the
7 attorney general's website.
8 H. On determining whether an employee is an unauthorized alien, the
9 court shall consider only the federal government's determination pursuant to
10 8 United States Code section 1373(c). The federal government's determination
11 creates a rebuttable presumption of the employee's lawful status. The court
12 may take judicial notice of the federal government's determination and may
13 request the federal government to provide automated or testimonial
14 verification pursuant to 8 United States Code section 1373(c).
15 I. For the purposes of this section, proof of verifying the employment
16 authorization of an employee through the e-verify program creates a
17 rebuttable presumption that an employer did not knowingly employ an
18 unauthorized alien.
19 J. For the purposes of this section, an employer that establishes that
20 it has complied in good faith with the requirements of 8 United States Code
21 section 1324a(b) establishes an affirmative defense that the employer did not
22 knowingly employ an unauthorized alien. An employer is considered to have
23 complied with the requirements of 8 United States Code section 1324a(b),
24 notwithstanding an isolated, sporadic or accidental technical or procedural
25 failure to meet the requirements, if there is a good faith attempt to comply
26 with the requirements.
27 K. IT IS AN AFFIRMATIVE DEFENSE TO A VIOLATION OF SUBSECTION A OF THIS
28 SECTION THAT THE EMPLOYER WAS ENTRAPPED. TO CLAIM ENTRAPMENT, THE EMPLOYER
29 MUST ADMIT BY THE EMPLOYER'S TESTIMONY OR OTHER EVIDENCE THE SUBSTANTIAL
30 ELEMENTS OF THE VIOLATION. AN EMPLOYER WHO ASSERTS AN ENTRAPMENT DEFENSE HAS
31 THE BURDEN OF PROVING THE FOLLOWING BY CLEAR AND CONVINCING EVIDENCE:
32 1. THE IDEA OF COMMITTING THE VIOLATION STARTED WITH LAW ENFORCEMENT
33 OFFICERS OR THEIR AGENTS RATHER THAN WITH THE EMPLOYER.
34 2. THE LAW ENFORCEMENT OFFICERS OR THEIR AGENTS URGED AND INDUCED THE
35 EMPLOYER TO COMMIT THE VIOLATION.
36 3. THE EMPLOYER WAS NOT PREDISPOSED TO COMMIT THE VIOLATION BEFORE THE
37 LAW ENFORCEMENT OFFICERS OR THEIR AGENTS URGED AND INDUCED THE EMPLOYER TO
38 COMMIT THE VIOLATION.
39 L. AN EMPLOYER DOES NOT ESTABLISH ENTRAPMENT IF THE EMPLOYER WAS
40 PREDISPOSED TO VIOLATE SUBSECTION A OF THIS SECTION AND THE LAW ENFORCEMENT
41 OFFICERS OR THEIR AGENTS MERELY PROVIDED THE EMPLOYER WITH AN OPPORTUNITY TO
42 COMMIT THE VIOLATION. IT IS NOT ENTRAPMENT FOR LAW ENFORCEMENT OFFICERS OR
43 THEIR AGENTS MERELY TO USE A RUSE OR TO CONCEAL THEIR IDENTITY. THE CONDUCT
44 OF LAW ENFORCEMENT OFFICERS AND THEIR AGENTS MAY BE CONSIDERED IN DETERMINING
45 IF AN EMPLOYER HAS PROVEN ENTRAPMENT.
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1 Sec. 7. Section 23-212.01, Arizona Revised Statutes, is amended to
2 read:
3 23-212.01. Intentionally employing unauthorized aliens;
4 prohibition; false and frivolous complaints;
5 violation; classification; license suspension and
6 revocation; affirmative defense
7 A. An employer shall not intentionally employ an unauthorized alien.
8 If, in the case when an employer uses a contract, subcontract or other
9 independent contractor agreement to obtain the labor of an alien in this
10 state, the employer intentionally contracts with an unauthorized alien or
11 with a person who employs or contracts with an unauthorized alien to perform
12 the labor, the employer violates this subsection.
13 B. The attorney general shall prescribe a complaint form for a person
14 to allege a violation of subsection A of this section. The complainant shall
15 not be required to list the complainant's social security number on the
16 complaint form or to have the complaint form notarized. On receipt of a
17 complaint on a prescribed complaint form that an employer allegedly
18 intentionally employs an unauthorized alien, the attorney general or county
19 attorney shall investigate whether the employer has violated subsection A of
20 this section. If a complaint is received but is not submitted on a
21 prescribed complaint form, the attorney general or county attorney may
22 investigate whether the employer has violated subsection A of this section.
23 This subsection shall not be construed to prohibit the filing of anonymous
24 complaints that are not submitted on a prescribed complaint form. The
25 attorney general or county attorney shall not investigate complaints that are
26 based solely on race, color or national origin. A complaint that is
27 submitted to a county attorney shall be submitted to the county attorney in
28 the county in which the alleged unauthorized alien is or was employed by the
29 employer. The county sheriff or any other local law enforcement agency may
30 assist in investigating a complaint. When investigating a complaint, the
31 attorney general or county attorney shall verify the work authorization of
32 the alleged unauthorized alien with the federal government pursuant to
33 8 United States Code section 1373(c). A state, county or local official
34 shall not attempt to independently make a final determination on whether an
35 alien is authorized to work in the United States. An alien's immigration
36 status or work authorization status shall be verified with the federal
37 government pursuant to 8 United States Code section 1373(c). A person who
38 knowingly files a false and frivolous complaint under this subsection is
39 guilty of a class 3 misdemeanor.
40 C. If, after an investigation, the attorney general or county attorney
41 determines that the complaint is not false and frivolous:
42 1. The attorney general or county attorney shall notify the United
43 States immigration and customs enforcement of the unauthorized alien.
44 2. The attorney general or county attorney shall notify the local law
45 enforcement agency of the unauthorized alien.
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1 3. The attorney general shall notify the appropriate county attorney
2 to bring an action pursuant to subsection D of this section if the complaint
3 was originally filed with the attorney general.
4 D. An action for a violation of subsection A of this section shall be
5 brought against the employer by the county attorney in the county where the
6 unauthorized alien employee is or was employed by the employer. The county
7 attorney shall not bring an action against any employer for any violation of
8 subsection A of this section that occurs before January 1, 2008. A second
9 violation of this section shall be based only on an unauthorized alien who is
10 or was employed by the employer after an action has been brought for a
11 violation of subsection A of this section or section 23-212, subsection A.
12 E. For any action in superior court under this section, the court
13 shall expedite the action, including assigning the hearing at the earliest
14 practicable date.
15 F. On a finding of a violation of subsection A of this section:
16 1. For a first violation, as described in paragraph 3 of this
17 subsection, the court shall:
18 (a) Order the employer to terminate the employment of all unauthorized
19 aliens.
20 (b) Order the employer to be subject to a five year probationary
21 period for the business location where the unauthorized alien performed work.
22 During the probationary period the employer shall file quarterly reports in
23 the form provided in section 23-722.01 with the county attorney of each new
24 employee who is hired by the employer at the business location where the
25 unauthorized alien performed work.
26 (c) Order the appropriate agencies to suspend all licenses described
27 in subdivision (d) of this paragraph that are held by the employer for a
28 minimum of ten days. The court shall base its decision on the length of the
29 suspension under this subdivision on any evidence or information submitted to
30 it during the action for a violation of this subsection and shall consider
31 the following factors, if relevant:
32 (i) The number of unauthorized aliens employed by the employer.
33 (ii) Any prior misconduct by the employer.
34 (iii) The degree of harm resulting from the violation.
35 (iv) Whether the employer made good faith efforts to comply with any
36 applicable requirements.
37 (v) The duration of the violation.
38 (vi) The role of the directors, officers or principals of the employer
39 in the violation.
40 (vii) Any other factors the court deems appropriate.
41 (d) Order the employer to file a signed sworn affidavit with the
42 county attorney. The affidavit shall state that the employer has terminated
43 the employment of all unauthorized aliens in this state and that the employer
44 will not intentionally or knowingly employ an unauthorized alien in this
45 state. The court shall order the appropriate agencies to suspend all
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1 licenses subject to this subdivision that are held by the employer if the
2 employer fails to file a signed sworn affidavit with the county attorney
3 within three business days after the order is issued. All licenses that are
4 suspended under this subdivision for failing to file a signed sworn affidavit
5 shall remain suspended until the employer files a signed sworn affidavit with
6 the county attorney. For the purposes of this subdivision, the licenses that
7 are subject to suspension under this subdivision are all licenses that are
8 held by the employer specific to the business location where the unauthorized
9 alien performed work. If the employer does not hold a license specific to
10 the business location where the unauthorized alien performed work, but a
11 license is necessary to operate the employer's business in general, the
12 licenses that are subject to suspension under this subdivision are all
13 licenses that are held by the employer at the employer's primary place of
14 business. On receipt of the court's order and notwithstanding any other law,
15 the appropriate agencies shall suspend the licenses according to the court's
16 order. The court shall send a copy of the court's order to the attorney
17 general and the attorney general shall maintain the copy pursuant to
18 subsection G of this section.
19 2. For a second violation, as described in paragraph 3 of this
20 subsection, the court shall order the appropriate agencies to permanently
21 revoke all licenses that are held by the employer specific to the business
22 location where the unauthorized alien performed work. If the employer does
23 not hold a license specific to the business location where the unauthorized
24 alien performed work, but a license is necessary to operate the employer's
25 business in general, the court shall order the appropriate agencies to
26 permanently revoke all licenses that are held by the employer at the
27 employer's primary place of business. On receipt of the order and
28 notwithstanding any other law, the appropriate agencies shall immediately
29 revoke the licenses.
30 3. The violation shall be considered:
31 (a) A first violation by an employer at a business location if the
32 violation did not occur during a probationary period ordered by the court
33 under this subsection or section 23-212, subsection F for that employer's
34 business location.
35 (b) A second violation by an employer at a business location if the
36 violation occurred during a probationary period ordered by the court under
37 this subsection or section 23-212, subsection F for that employer's business
38 location.
39 G. The attorney general shall maintain copies of court orders that are
40 received pursuant to subsection F of this section and shall maintain a
41 database of the employers and business locations that have a first violation
42 of subsection A of this section and make the court orders available on the
43 attorney general's website.
44 H. On determining whether an employee is an unauthorized alien, the
45 court shall consider only the federal government's determination pursuant to
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1 8 United States Code section 1373(c). The federal government's determination
2 creates a rebuttable presumption of the employee's lawful status. The court
3 may take judicial notice of the federal government's determination and may
4 request the federal government to provide automated or testimonial
5 verification pursuant to 8 United States Code section 1373(c).
6 I. For the purposes of this section, proof of verifying the employment
7 authorization of an employee through the e-verify program creates a
8 rebuttable presumption that an employer did not intentionally employ an
9 unauthorized alien.
10 J. For the purposes of this section, an employer that establishes that
11 it has complied in good faith with the requirements of 8 United States Code
12 section 1324a(b) establishes an affirmative defense that the employer did not
13 intentionally employ an unauthorized alien. An employer is considered to
14 have complied with the requirements of 8 United States Code section 1324a(b),
15 notwithstanding an isolated, sporadic or accidental technical or procedural
16 failure to meet the requirements, if there is a good faith attempt to comply
17 with the requirements.
18 K. IT IS AN AFFIRMATIVE DEFENSE TO A VIOLATION OF SUBSECTION A OF THIS
19 SECTION THAT THE EMPLOYER WAS ENTRAPPED. TO CLAIM ENTRAPMENT, THE EMPLOYER
20 MUST ADMIT BY THE EMPLOYER'S TESTIMONY OR OTHER EVIDENCE THE SUBSTANTIAL
21 ELEMENTS OF THE VIOLATION. AN EMPLOYER WHO ASSERTS AN ENTRAPMENT DEFENSE HAS
22 THE BURDEN OF PROVING THE FOLLOWING BY CLEAR AND CONVINCING EVIDENCE:
23 1. THE IDEA OF COMMITTING THE VIOLATION STARTED WITH LAW ENFORCEMENT
24 OFFICERS OR THEIR AGENTS RATHER THAN WITH THE EMPLOYER.
25 2. THE LAW ENFORCEMENT OFFICERS OR THEIR AGENTS URGED AND INDUCED THE
26 EMPLOYER TO COMMIT THE VIOLATION.
27 3. THE EMPLOYER WAS NOT PREDISPOSED TO COMMIT THE VIOLATION BEFORE THE
28 LAW ENFORCEMENT OFFICERS OR THEIR AGENTS URGED AND INDUCED THE EMPLOYER TO
29 COMMIT THE VIOLATION.
30 L. AN EMPLOYER DOES NOT ESTABLISH ENTRAPMENT IF THE EMPLOYER WAS
31 PREDISPOSED TO VIOLATE SUBSECTION A OF THIS SECTION AND THE LAW ENFORCEMENT
32 OFFICERS OR THEIR AGENTS MERELY PROVIDED THE EMPLOYER WITH AN OPPORTUNITY TO
33 COMMIT THE VIOLATION. IT IS NOT ENTRAPMENT FOR LAW ENFORCEMENT OFFICERS OR
34 THEIR AGENTS MERELY TO USE A RUSE OR TO CONCEAL THEIR IDENTITY. THE CONDUCT
35 OF LAW ENFORCEMENT OFFICERS AND THEIR AGENTS MAY BE CONSIDERED IN DETERMINING
36 IF AN EMPLOYER HAS PROVEN ENTRAPMENT.
37 Sec. 8. Section 23-214, Arizona Revised Statutes, is amended to read:
38 23-214. Verification of employment eligibility; e-verify
39 program; economic development incentives; list of
40 registered employers
41 A. After December 31, 2007, every employer, after hiring an employee,
42 shall verify the employment eligibility of the employee through the e-verify
43 program AND SHALL KEEP A RECORD OF THE VERIFICATION FOR THE DURATION OF THE
44 EMPLOYEE'S EMPLOYMENT OR AT LEAST THREE YEARS, WHICHEVER IS LONGER.
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1 B. In addition to any other requirement for an employer to receive an
2 economic development incentive from a government entity, the employer shall
3 register with and participate in the e-verify program. Before receiving the
4 economic development incentive, the employer shall provide proof to the
5 government entity that the employer is registered with and is participating
6 in the e-verify program. If the government entity determines that the
7 employer is not complying with this subsection, the government entity shall
8 notify the employer by certified mail of the government entity's
9 determination of noncompliance and the employer's right to appeal the
10 determination. On a final determination of noncompliance, the employer shall
11 repay all monies received as an economic development incentive to the
12 government entity within thirty days of the final determination. For the
13 purposes of this subsection:
14 1. "Economic development incentive" means any grant, loan or
15 performance-based incentive from any government entity that is awarded after
16 September 30, 2008. Economic development incentive does not include any tax
17 provision under title 42 or 43.
18 2. "Government entity" means this state and any political subdivision
19 of this state that receives and uses tax revenues.
20 C. Every three months the attorney general shall request from the
21 United States department of homeland security a list of employers from this
22 state that are registered with the e-verify program. On receipt of the list
23 of employers, the attorney general shall make the list available on the
24 attorney general's website.
25 Sec. 9. Section 28-3511, Arizona Revised Statutes, is amended to read:
26 28-3511. Removal and immobilization or impoundment of vehicle
27 A. A peace officer shall cause the removal and either immobilization
28 or impoundment of a vehicle if the peace officer determines that a person is
29 driving the vehicle while any of the following applies:
30 1. The person's driving privilege is suspended or revoked for any
31 reason.
32 2. The person has not ever been issued a valid driver license or
33 permit by this state and the person does not produce evidence of ever having
34 a valid driver license or permit issued by another jurisdiction. This
35 paragraph does not apply to the operation of an implement of husbandry.
36 3. The person is subject to an ignition interlock device requirement
37 pursuant to chapter 4 of this title and the person is operating a vehicle
38 without a functioning certified ignition interlock device. This paragraph
39 does not apply to a person operating an employer's vehicle or the operation
40 of a vehicle due to a substantial emergency as defined in section 28-1464.
41 4. THE PERSON IS IN VIOLATION OF A CRIMINAL OFFENSE AND IS
42 TRANSPORTING, MOVING, CONCEALING, HARBORING OR SHIELDING OR ATTEMPTING TO
43 TRANSPORT, MOVE, CONCEAL, HARBOR OR SHIELD AN ALIEN IN THIS STATE IN A
44 VEHICLE IF THE PERSON KNOWS OR RECKLESSLY DISREGARDS THE FACT THAT THE ALIEN
45 HAS COME TO, HAS ENTERED OR REMAINS IN THE UNITED STATES IN VIOLATION OF LAW.
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1 B. A peace officer shall cause the removal and impoundment of a
2 vehicle if the peace officer determines that a person is driving the vehicle
3 and if all of the following apply:
4 1. The person's driving privilege is canceled, suspended or revoked
5 for any reason or the person has not ever been issued a driver license or
6 permit by this state and the person does not produce evidence of ever having
7 a driver license or permit issued by another jurisdiction.
8 2. The person is not in compliance with the financial responsibility
9 requirements of chapter 9, article 4 of this title.
10 3. The person is driving a vehicle that is involved in an accident
11 that results in either property damage or injury to or death of another
12 person.
13 C. Except as provided in subsection D of this section, while a peace
14 officer has control of the vehicle the peace officer shall cause the removal
15 and either immobilization or impoundment of the vehicle if the peace officer
16 has probable cause to arrest the driver of the vehicle for a violation of
17 section 4-244, paragraph 34 or section 28-1382 or 28-1383.
18 D. A peace officer shall not cause the removal and either the
19 immobilization or impoundment of a vehicle pursuant to subsection C of this
20 section if all of the following apply:
21 1. The peace officer determines that the vehicle is currently
22 registered and that the driver or the vehicle is in compliance with the
23 financial responsibility requirements of chapter 9, article 4 of this title.
24 2. The spouse of the driver is with the driver at the time of the
25 arrest.
26 3. The peace officer has reasonable grounds to believe that the spouse
27 of the driver:
28 (a) Has a valid driver license.
29 (b) Is not impaired by intoxicating liquor, any drug, a vapor
30 releasing substance containing a toxic substance or any combination of
31 liquor, drugs or vapor releasing substances.
32 (c) Does not have any spirituous liquor in the spouse's body if the
33 spouse is under twenty-one years of age.
34 4. The spouse notifies the peace officer that the spouse will drive
35 the vehicle from the place of arrest to the driver's home or other place of
36 safety.
37 5. The spouse drives the vehicle as prescribed by paragraph 4 of this
38 subsection.
39 E. Except as otherwise provided in this article, a vehicle that is
40 removed and either immobilized or impounded pursuant to subsection A, B or C
41 of this section shall be immobilized or impounded for thirty days. An
42 insurance company does not have a duty to pay any benefits for charges or
43 fees for immobilization or impoundment.
44 F. The owner of a vehicle that is removed and either immobilized or
45 impounded pursuant to subsection A, B or C of this section, the spouse of the
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1 owner and each person identified on the department's record with an interest
2 in the vehicle shall be provided with an opportunity for an immobilization or
3 poststorage hearing pursuant to section 28-3514.
4 Sec. 10. Title 41, chapter 12, article 2, Arizona Revised Statutes, is
5 amended by adding section 41-1724, to read:
6 41-1724. Gang and immigration intelligence team enforcement
7 mission fund
8 THE GANG AND IMMIGRATION INTELLIGENCE TEAM ENFORCEMENT MISSION FUND IS
9 ESTABLISHED CONSISTING OF MONIES DEPOSITED PURSUANT TO SECTION 11-1051 AND
10 MONIES APPROPRIATED BY THE LEGISLATURE. THE DEPARTMENT SHALL ADMINISTER THE
11 FUND. MONIES IN THE FUND ARE SUBJECT TO LEGISLATIVE APPROPRIATION AND SHALL
12 BE USED FOR GANG AND IMMIGRATION ENFORCEMENT AND FOR COUNTY JAIL
13 REIMBURSEMENT COSTS RELATING TO ILLEGAL IMMIGRATION.
14 Sec. 11. Severability, implementation and construction
15 A. If a provision of this act or its application to any person or
16 circumstance is held invalid, the invalidity does not affect other provisions
17 or applications of the act that can be given effect without the invalid
18 provision or application, and to this end the provisions of this act are
19 severable.
20 B. The terms of this act regarding immigration shall be construed to
21 have the meanings given to them under federal immigration law.
22 C. This act shall be implemented in a manner consistent with federal
23 laws regulating immigration, protecting the civil rights of all persons and
24 respecting the privileges and immunities of United States citizens.
25 Sec. 12. Short title
26 This act may be cited as the "Support Our Law Enforcement and Safe
27 Neighborhoods Act".
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